UNIVERSITIES ACT, 1997

AN ACT TO CONSTITUTE OR ESTABLISH CERTAIN COLLEGES AND UNIVERSITIES AS UNIVERSITIES UNDER THIS ACT, TO ALLOW FOR THE INCORPORATION OF EDUCATIONAL INSTITUTIONS AS PARTS OF UNIVERSITIES OR AS UNIVERSITIES IN THEIR OWN RIGHT, TO PROVIDE FOR THE GOVERNANCE OF UNIVERSITIES WHICH ARE IN RECEIPT OF MONEYS PROVIDED BY AN tÚDARÁS BY THE CONSTITUTING OF GOVERNING AUTHORITIES AND ACADEMIC COUNCILS AND PROVIDING FOR THEIR POWERS AND FUNCTIONS, TO MAKE CERTAIN PROVISIONS RELATING TO STAFF, PLANNING AND FINANCIAL SCRUTINY AND REPORTING OF UNIVERSITIES, TO AMEND OR PROVIDE FOR THE CONTINUATION AND AMENDING OF CERTAIN UNIVERSITY CHARTERS AND THE CONTINUATION OF STATUTES, TO REPEAL THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK, ACT, 1980, THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, DUBLIN, ACT, 1980, AND CERTAIN PROVISIONS OF OTHER ACTS, TO AMEND CERTAIN OTHER ACTS, AND FOR CONNECTED PURPOSES. [14th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Universities Act, 1997.

2. Commencement.

2.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders made by the Minister under this section, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

3. Interpretation.

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

“An tÚdarás” means F1[An tÚdarás um Ard-Oideachas];

“chairperson”, in relation to a governing authority, includes F2[…] a deputy-chairperson and a person presiding at a meeting of the authority, while he or she is acting as the chairperson or so presiding;

“chief officer” means—

• (a) a person appointed under section 24 as the chief officer of a university, or

• (b) the chief officer of a university, constituent college, Recognised College or educational institution, by whatever name known, continued in office for the purposes of this Act,

and includes a person acting in the office or performing the duties of a chief officer;

“commission” means a commission appointed under section 23(1);

“constituent college” means a university college specified in column 1 of the Second Schedule;

“constituent university” means a university specified in column 2 of the Second Schedule or the National University of Ireland, Maynooth;

“Dublin City University” means the university established by section 2 of the Dublin City University Act, 1989;

F3["education and training board" means an education and training board established under the Education and Training Boards Act 2013;]

F3["education and training board area" has the meaning assigned to it by the Education and Training Boards Act 2013;]

“employee”, in relation to a university, means a person employed by the university in any capacity, and includes an officer of the university;

“financial year” means a period of 12 months commencing on the 1st day of January in each year;

“first governing authority” means a governing authority of a university as that governing authority is first constituted after the commencement of Part III or, in the case of an additional university established under section 9, as first constituted after that university is established;

“functions” includes powers and duties;

“governing authority” includes—

• (a) F2[…]

• (b) F2[…]

• (c) in relation to the appointment of the first governing authority of a university, the commission for that university, and

• (d) except to the extent that its functions are limited under section 22, a governing body continued in existence by that section;

“the Minister” means the Minister for Education;

“the National University of Ireland” means the university by that name in Dublin, constituted and founded by charter in pursuance of the Irish Universities Act, 1908;

“officer”, in relation to a university, includes—

• (a) a permanent, full-time member of the academic staff of the university,

• (b) the chief officer,

• (c) a person who immediately before the commencement of this Part is an officer of a university, constituent college or recognised college, and

• (d) such other employees as the governing authority may from time to time determine;

“Recognised College” means a recognised college of the National University of Ireland;

“the Senate” means the Senate of the National University of Ireland;

“statutes” means the statutes made under section 33(1) by a governing authority, and includes statutes continued in force by section 33(3);

“student”, in relation to a university, means a person registered as a student by the university or a full-time officer of the Students Union or other student representative body in the university recognised by the governing authority who was first elected or appointed to his or her office while he or she was a registered student of the university;

“Student Union” means a body established to promote the general interests of students of a university and which represents students, both individually and collectively, in respect of academic, disciplinary and other matters arising within the university;

“Trinity College” means the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by charter dated the 3rd day of March, 1592, and shall be held to include the University of Dublin save where the context otherwise requires in accordance with the charters and letters patent relating to Trinity College;

“the University of Dublin” means the university established by the charters and letters patent incorporating Trinity College and which said university is further provided for by the letters patent of the 24th day of July, 1857;

“the University of Limerick” means the university established by section 2 of the University of Limerick Act, 1989;

F2[…]

• (2) In this Act, including a Schedule to this Act—

• (a) a reference to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act,

• (b) a reference to a section, Chapter or Part is a reference to a section, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended,

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

• (d) a reference to a Schedule is a reference to a Schedule to this Act.

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

4. Application.

4.—(1) Without limiting its general application, F4[…] this Act shall apply to—

• (a) the constituent universities,

• (b) Dublin City University,

• (c) Trinity College,

• (d) the University of Limerick, and

• (e) such universities, if any, as are established under section 9,

as constituted from time to time, F5[while they are designated institutions of higher education and are funded bodies in accordance with the Higher Education Authority Act 2022].

• (2) F6[…]

• (3) F6[…]

• (4) F6[…]

5. Expenses.

5.—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.

6. Repeals and savings.

6.—(1) The enactments mentioned in Part I of the First Schedule are hereby repealed.

• (2) The enactments mentioned in column 2 of Part II of the First Schedule are hereby repealed to the extent mentioned in column 3 of that Schedule opposite to those enactments mentioned in column 1.

PART II Establishment and Identity of Universities

7. Reconstitution of constituent colleges.

7.—(1) The constituent colleges shall, by virtue of this section, become and be universities, and each college named in column 1 of the Second Schedule shall be known by the corresponding name in the English language or in the Irish language in column 2 of that Schedule opposite to the name mentioned in column 1.

• (2) The universities as constituted by subsection (1) shall be constituent universities of the National University of Ireland and references to “college” or “constituent college” in the Irish Universities Act, 1908 or in the charter of the National University of Ireland, or in the charters of those constituent colleges, shall be construed as references to those constituent universities as constituted from time to time.

• (3) A reference to a constituent college in any other Act or in a statutory instrument made under an Act, or in the memorandum or articles of association of any company or any other legal document, shall be construed as a reference to the corresponding constituent university referred to in subsection (1) as constituted from time to time.

• (4) Where immediately before the commencement of this Part any legal proceedings in relation to a constituent college were pending to which the constituent college was party, the name of the corresponding constituent university shall on that commencement be substituted in the proceedings for the name of the constituent college, and the proceedings shall not abate by reason of the substitution.

8. Incorporation of educational institutions with existing universities.

8.—(1) If An tÚdarás considers that an educational institution or part of an educational institution should form part of a university, the Minister may by order made with the consent of the Minister for Finance, the institution concerned and the governing authority of the university, provide that the institution or part shall become and form part of the university, and on the making of the order it shall be so incorporated.

• (2) The Minister shall not make an order under subsection (1) unless the Minister 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.

• (3) Subsections (3) to (6) of section 44 shall apply to the staff of an institution who immediately before the incorporation provided for in subsection (1) were employees of the institution and who become employees of the university on such incorporation, in the same way as they apply to persons employed by St. Patrick's College, Maynooth.

9. Establishment of additional universities.

9.—(1) The Government may, at any time, appoint a body, the membership of which shall be recommended by An tÚdarás and shall include international experts and national experts, including employees of universities to which this Act applies, to advise An tÚdarás on whether, having regard to the objects and functions of a university under sections 12 and 13, an educational institution should be established as a university.

• (2) On the advice of the body and the recommendation of An tÚdarás, but subject to subsection (3), the Government may, by order, provide that the institution shall be a university for the purposes of this Act and, on the making of the order, it shall be established accordingly.

• (3) The Government shall not make an order under subsection (2) unless it 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.

• (4) A university established under subsection (2) shall be a body corporate with perpetual succession and an official seal and have power to sue and may be sued in its corporate name and to acquire, hold and dispose of land or any other property.

• F7[(5) In determining the amount of money to be allocated for the financial year to a university established under subsection (2) from moneys provided to An tÚdarás pursuant to F8[section 19 of the Higher Education Authority Act 2022 and section 37(1)], an tÚdarás shall ensure that the range and levels of programmes of education and training in that university and the number of enrolled learners (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012) participating in those programmes are in accordance with such policies as may be determined from time to time by the Minister.]

• F7[(6) An tÚdarás may give directions to a university for the purposes of subsection (5).]

• F7[(7) A university established under subsection (2) shall act in accordance with such directions as may be given from time to time by An tÚdarás to the university under subsection (6).]

10. Change of name of university.

10.—(1) The Minister may, at the request of the governing authority of a university, and in the case of a constituent university with the consent of the Senate, by order, change the name of the university.

• (2) A reference in any Act, statutory instrument made under an Act or legal or other document to a university by its name applying before it was changed under subsection (1) shall be construed as a reference to that university as so renamed.

• (3) Notwithstanding subsection (1) and section 7(1), a constituent university may extend its name in such manner as it considers appropriate to indicate that it is the successor to its corresponding constituent college.

11. Amendment of Dublin City University Act, 1989, and University of Limerick Act, 1989.

11.—(1) Section 2 of the Dublin City University Act, 1989, is hereby amended—

• (a) in subsection (1), by the deletion of “and shall perform the functions assigned to it by the Act of 1980 as amended by this Act”; and

• (b) by the insertion of the following after subsection (1):

• “(1A) The University is and shall continue to be the body corporate of that name in existence immediately before the commencement of section 6 of the Universities Act, 1997, with the same perpetual succession, power to sue and be sued in its corporate name and to acquire, hold and dispose of land and any other property, as it then had.”.

• (2) Section 2 of the University of Limerick Act, 1989, is hereby amended—

• (a) in subsection (1), by the deletion of “and shall perform the functions assigned to it by the Act of 1980 as amended by this Act”, and

• (b) by the insertion of the following after subsection (1):

• “(1A) The University is and shall continue to be the body corporate of that name in existence immediately before the commencement of section 6 of the Universities Act, 1997, with the same perpetual succession, power to sue and be sued in its corporate name and to acquire, hold and dispose of land and any other property, as it then had.”.

PART III Universities Generally

Chapter I Objects and functions

12. Objects of university.

12.—The objects of a university shall include—

• (a) to advance knowledge through teaching, scholarly research and scientific investigation,

• (b) to promote learning in its student body and in society generally,

• (c) to promote the cultural and social life of society, while fostering and respecting the diversity of the university's traditions,

• (d) to foster a capacity for independent critical thinking amongst its students,

• (e) to promote the official languages of the State, with special regard to the preservation, promotion and use of the Irish language and the preservation and promotion of the distinctive cultures of Ireland,

• (f) to support and contribute to the realisation of national economic and social development,

• (g) to educate, train and retrain higher level professional, technical and managerial personnel,

• (h) to promote the highest standards in, and quality of, teaching and research,

• (i) to disseminate the outcomes of its research in the general community,

• (j) to facilitate lifelong learning through the provision of adult and continuing education, and

• (k) to promote gender balance and equality of opportunity among students and employees of the university.

13. Functions of university.

13.—(1) The functions of a university are to do all things necessary or expedient in accordance with this Act and its charter, if any, to further the objects and development of the university.

• (2) Without limiting the generality of subsection (1), a university—

• (a) shall provide courses of study, conduct examinations and award degrees and other qualifications,

• (b) shall promote and facilitate research,

• (c) may establish by incorporation in the State or elsewhere, or participate in the establishment of, such trading, research or other corporations as it thinks fit for the purpose of promoting or assisting, or in connection with the functions of, the university,

• (d) may collaborate with educational, business, professional, trade union, Irish language, cultural, artistic, community and other interests, both inside and outside the State, to further the objects of the university,

• (e) shall maintain, manage and administer, and may dispose of and invest, the property, money, assets and rights of the university,

• (f) may collaborate with graduates, convocations of graduates and with associations representing graduates of the university both inside and outside the State,

• (g) may purchase or otherwise acquire, hold and dispose of land or other property, and

• (h) may accept gifts of money, land or other property on the trusts and conditions, if any, not in conflict with this Act, specified by the donor.

14. Academic freedom.

14.—(1) A university, in performing its functions shall—

• (a) have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs, and

• (b) be entitled to regulate its affairs in accordance with its independent ethos and traditions and the traditional principles of academic freedom, and in doing so it shall have regard to—

• (i) the promotion and preservation of equality of opportunity and access,

• (ii) the effective and efficient use of resources, and

• (iii) its obligations as to public accountability,

and if, in the interpretation of this Act, there is a doubt regarding the meaning of any provision, a construction that would promote that ethos and those traditions and principles shall be preferred to a construction that would not so promote.

• (2) A member of the academic staff of a university shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the university, 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 university, for the exercise of that freedom.

Chapter II Governance

15. Governing authority.

15.—(1) F9[…] each university shall have a governing authority established in accordance with this Act which shall be known by whatever name the governing authority decides.

• (2) Subject to this Act, the functions of a university shall be performed by or on the directions of its governing authority.

• (3) All acts and things done by a governing authority, or in the name of or on behalf of the university with the express or implied authority of the governing authority, shall be deemed to have been done by the university.

• (4) The Third Schedule shall apply to the governing authority.

16. Composition of governing authority.

F10[16.—(1) Subject to this Part, a governing authority, other than in the case of Trinity College to which section 16A applies, shall consist of 19 members as determined in accordance with this Chapter.

• (2) The members of a governing authority shall be—

• (a) the chairperson, who shall be an external member, appointed by the governing authority,

• (b) nine external members (other than the chairperson), appointed by the governing authority,

• (c) the chief officer,

• (d) five internal members (other than the chief officer) appointed by the governing authority, and

• (e) three student union representatives appointed by the governing authority.

• (3) The internal members of a governing authority shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (6).

• (4) Subject to subsection (5), with regard to the appointment of external members of a governing authority—

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

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

• (5) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing authority of a university, the Minister or the governing authority of the university, 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 objects and functions of the university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.

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

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

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

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

• (8) In this section and in sections 16A, 17 and 23A—

"external member", in relation to a governing authority, means a member of the governing authority other than an internal member or a student member thereof;

"internal member", in relation to a governing authority, means a member of the governing authority who is a member of the academic council of the university, an employee of the university or a person who is remunerated under a contract with the university and, in the case of Trinity College, including fellows of Trinity College;

"student member", in relation to a governing authority, means a member of the governing authority who is a student of the university.]

16A. F11[Composition of governing authority of Trinity College, Dublin

16A.—(1) Subject to this Part and notwithstanding section 3 (2) of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000, the governing authority of Trinity College (known as the Board of Trinity College) shall consist of the following members:

• (a) 19 members appointed in accordance with section 16;

• (b) such further number of members, who are fellows of Trinity College, appointed by the governing authority, provided that the number of external members (including the chairperson) of the governing authority shall comprise not less than 40 per cent of its membership.

• (2) Clause 4 of the Supplemental Letters Patent of 1911 (within the meaning of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 ) is amended by the substitution of “shall be in accordance with the provisions of the Universities Act 1997” for “shall be in accordance with the provisions of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000”.]

16B. F12[Referral of matter for conduct of General Visitation by Trinity College Visitors

16B.—(1) An tÚdarás may, if it has a concern regarding a matter relating to the governance of Trinity College or the performance by Trinity College of its functions or compliance by it with its obligations, request the Visitors of Trinity College in writing to conduct a General Visitation in accordance with the statutes of Trinity College as respects the matter.

• (2) An tÚdarás shall specify in a request under subsection (1) the matter the subject of its concern and the reasons for the request.

• (3) The Visitors of Trinity College shall consider a request received under subsection (1) and shall, if they are satisfied that there are reasonable grounds for a General Visitation and that it is appropriate to do so, conduct a General Visitation as respects the matter specified in the request in accordance with the statutes of Trinity College.

• (4) The Visitors of Trinity College shall, within such period as may be agreed with An tÚdarás, report in writing to An tÚdarás on the General Visitation and the outcome thereof and they shall furnish such a report to the governing authority of Trinity College.

• (5) This section is without prejudice to Part 8 of the Higher Education Authority Act 2022 as respects Trinity College.

• (6) An tÚdarás shall provide a copy of a report received by it under subsection (4) to the Minister.

• (7) In this section—

"General Visitation", in relation to Trinity College, has the meaning it has in the statutes of Trinity College;

"Visitors of Trinity College", means the persons appointed as the Visitors of Trinity College pursuant to the statutes of Trinity College.]

17. Chairperson of governing authority.

F13[17.—(1) The first meeting of a governing authority of a university shall be chaired by an external member of the governing authority who is appointed by a majority vote of the members to be an interim chairperson of the governing authority until the appointment of a chairperson under subsection (2).

• (2) A governing authority shall, at the first meeting of the governing authority, appoint an external member of the governing authority to be the chairperson of the governing authority by a majority vote of not less than two-thirds of its members.

• (3) A person shall cease to be chairperson of a governing authority if he or she ceases to be an external member of the governing authority.]

18. Functions of governing authority.

18.—(1) The functions of the governing authority of a university shall be, in pursuance of the objects of the university under section 12 but within the constraints of its budget under section 37—

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

• (b) to appoint the chief officer and such other employees as it thinks necessary for the purposes of the university,

• (c) subject to this Act and its charter, if any, statutes and regulations, to determine the membership from time to time of the governing authority, and

• (d) to perform such other functions as are imposed on it by or under this or any other Act or by its charter, if any, statutes and regulations.

• F14[(1A) The governing authority of a university shall—

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

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

• (i) to achieve the objects of the university,

• (ii) for the internal performance management and accountability of the university in respect of—

• (I) the performance of its functions, and

• (II) the achievement of the aims in the strategic development plan under section 34,

and

• (iii) 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 university,

and

• (c) establish and implement arrangements for the management of the performance of the chief officer.]

• F14[(1B) Without prejudice to the generality of subsections (1) and (1A), the governing authority of a university shall perform the following functions with regard to the university:

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

• (b) approve annual financial statements;

• (c) provide for and maintain a system of audit;

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

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

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

• (g) delegate such functions as may be appropriate to the chief officer;

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

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

• (2) For the purposes of the performance of its functions under subsection (1) (b), the governing authority shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by high quality candidates from both within and outside of the employees of the university and specify those procedures in a statute or regulation.

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

• (4) A governing authority may, from time to time, appoint such and as many committees F15[(including committees relating to audit and risk management functions)], consisting either wholly or partly of members of the governing authority, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

• (5) A committee appointed under subsection (4) shall operate in such manner as the governing authority may direct and its acts shall be subject to confirmation by the governing authority unless the governing authority otherwise directs.

• (6) In performing its functions a governing authority, or a committee where appropriate, shall—

• (a) 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;

• (b) have regard to the attainment of gender balance and equality of opportunity among the students and employees of the university and shall, in particular, promote access to the university and to university education by economically or socially disadvantaged people and by people from sections of society significantly under-represented in the student body; and

• (c) ensure as far as it can that the university 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.

18A. F16[Review of matter and report by governing authority of university

18A.—(1) If a governing authority has concerns regarding a matter relating to the governance, or the performance of the functions of the university, the governing authority shall arrange for a review of the matter to be undertaken.

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

• (3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing authority, the chief officer and the employees of the university and the governing authority, the chief officer and the employees of the university shall comply with any such request.

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

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

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

19. Visitor.

19.—F17[…]

20. Visitation.

20.—F18[…]

21. Suspension of governing authority.

21.—F19[…]

Chapter III Interim Arrangements

22. Governing bodies of existing colleges, etc., to continue in office until first governing authorities constituted.

22.—A governing body (by whatever name known) of—

• (a) a constituent college or a university to which this Act applies and holding office on the commencement of this Part, or

• (b) an educational institution established under section 9 as an additional university and holding office immediately before its establishment as a university,

shall continue in existence after that commencement or the establishment of the institution as a university, as the case may be, notwithstanding the repeal of any provision of an enactment by or under which that governing body was constituted and, except in relation to the appointment of the first governing authority of the university, shall have the functions of a governing authority under this Act until the first governing authority is duly constituted under this Act.

23. Determination of composition of first governing authority.

23.—(1) Subject to section 16, the Minister shall, as soon as practicable after the commencement of this Part, in respect of each university to which this Act applies, and after the establishment under section 9 of any additional university in respect of that university, appoint a commission for the university.

• (2) The members of a commission shall, subject to subsection (3), be—

• (a) in the case of a constituent university—

• (i) the chief officer,

• (ii) the Registrar of the university,

• (iii) two members of the governing body (by whatever name known) of its corresponding constituent college holding office immediately before the commencement of this Part, at least one of whom shall be a member of the academic staff of the university, nominated by that governing body,

• (iv) the Chancellor of the National University of Ireland or a person nominated by the Chancellor, and

• (v) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board],

• (b) in the case of Dublin City University or the University of Limerick—

• (i) the chief officer,

• (ii) the Registrar of the university,

• (iii) two members of the Governing Body of the university holding office immediately before the commencement of this Part, at least one of whom shall be a member of the academic staff of the university, nominated by that Governing Body, and

• (iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board],

• (c) in the case of Trinity College—

• (i) the Provost and the vice-Provost,

• (ii) the Chancellor of the University of Dublin, or a nominee of the Chancellor,

• (iii) two members of the Board of the College holding office immediately before the commencement of this Part, nominated by that Board, and

• (iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board], and

• (d) in the case of an educational institution established under section 9 as a university—

• (i) the chief officer (by whatever name known) of the institution holding office immediately before its establishment as a university,

• (ii) the senior officer of the institution having responsibility to the chief officer for academic affairs, holding office immediately before its establishment as a university,

• (iii) such members of the governing body (by whatever name known) of the institution holding office immediately before its establishment as a university as the Minister determines after consultation with that governing body, and

• (iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board].

• (3) If a person specified as a member of a commission in, or nominated as such under, subsection (2) is unable or unwilling to act as a member, the remaining members shall nominate a person to replace that person as a member, and the Minister shall appoint the nominated person accordingly.

• (4) The first meeting of a commission shall be convened by the chief officer and at the meeting the members shall appoint one of their number to act as chairperson of the commission.

• (5) A commission shall, as soon as practicable after the date of the appointment of its members and in any case not later than three months from that date, in accordance with section 16, determine the composition of the governing authority of its university and, by notice in writing, inform the Minister of the composition as so determined.

• (6) F21[…]

• (7) A commission F21[…] shall remain in office until the first meeting of the relevant governing authority constituted in accordance with this Act and at the commencement of that meeting the commission F21[…] is, by virtue of this section, dissolved.

F22[Chapter IIIA Transitional arrangements for membership and chairperson of governing authority

23A. F23[Transitional arrangements for membership and chairperson of governing authority

23A.—(1) A governing authority of a university 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 authority of the university complies with section 16 (inserted by section 73 of the Act of 2022) or, as may be appropriate, section 16A (inserted by section 74 of the Act of 2022) within the period referred to in subsection (2).

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

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

• (b) appoint the members (other than the chief officer) of the governing authority accordingly, and

• (c) by notice in writing, inform the Minister of the composition as so determined.

• (3)
• (a) Notwithstanding section 17 (inserted by section 75 of the Act of 2022), a person (other than the chief officer) who was the chairperson of a governing authority of a university upon the commencement of section 75 of the Act of 2022 may continue after that commencement to be the chairperson of the governing authority of that university until his or her membership of the governing authority ceases, provided that he or she is an external member.

• (b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing authority, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of paragraph 4(1)(b) of the Third Schedule.

• (4) A person (other than the chief officer) who was appointed as a member (including the chairperson) of the governing authority before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

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

• (b) the term of office served by the member (including the chairperson) 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 paragraph 4(1)(b) of the Third Schedule.

• (5) Notwithstanding paragraphs 4 and 5 of the Third Schedule, where the term of office of all or the majority of the members (including the chairperson) of a governing authority of a university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing authority of the university 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 authority to comply with that subsection.

• (6) In this section—

"Act of 2022" means the Higher Education Authority Act 2022;

"relevant date" means the date on which section 73 of the Act of 2022 comes into operation.

Chapter IV Staff of University

24. Chief officer.

24.—(1) A governing authority shall, in accordance with procedures specified in a statute, appoint in a whole-time capacity a person to be chief officer of its university, who shall be called the President or Provost or by such other title as the governing authority determines F24[…].

• (2) F24[…]

• (3) The Fourth Schedule shall apply to the chief officer.

25. Staff.

25.—(1) Subject to subsection (2), a university may, in accordance with procedures specified in a statute or regulation, appoint such and so many persons to be its employees as it thinks appropriate, having regard to—

• (a) the efficient use of its available resources, the requirements of accountability for the use of moneys provided to it by the Oireachtas and the policy relating to pay and conditions in the Public Service as determined from time to time by the Government, F25[and]

• (b) the implications of the appointments for its budget and for F26[subsequent budgets.]

• (c) F27[…]

• (2) A governing authority may, subject to such conditions as it thinks fit, delegate to the chief officer any of the functions of the governing authority or the university relating to the appointment of employees of the university and the determination of selection procedures.

• (3) Except as otherwise provided by this section, the employees of a university shall be employed on such terms and conditions as the university from time to time determines.

• (4) Subject to subsection (5), there shall be paid by a university to the employees of that university, 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.

• (5)
• (a) A university may depart from levels of remuneration, fees, allowances and expenses approved under subsection (4) where the governing authority is satisfied that it is necessary to meet the objects of the university, but may do so only in accordance with a framework which shall be agreed between the universities and An tÚdarás.

• (b) A corporation referred to in section 13(2)(c) may pay to employees of a university remuneration, fees, allowances and expenses only in accordance with a framework which shall be agreed between the universities and An tÚdarás.

• (6) A university may suspend or dismiss any employee but only in accordance with procedures, and subject to any conditions, specified in a statute made following consultation through normal industrial relations structures operating in the university with recognised staff associations or trade unions, which procedures or conditions may provide for the delegation of powers relating to suspension or dismissal to the chief officer and shall provide for the tenure of officers.

• (7) A university or the National University of Ireland shall determine the terms and conditions of any superannuation scheme for its employees in accordance with the Fifth Schedule and that Schedule shall apply to an amendment to an existing scheme in the same way as it applies to a new scheme.

• (8) For the removal of doubt, it is hereby declared that—

• (a) the rights and entitlement in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this section by persons who are employees, and in the case of superannuation, former employees, of a university to which this Act applies shall not, by virtue of the operation of this Act, be any less beneficial than those rights and entitlements enjoyed by those persons as employees of the university or corresponding constituent college or Recognised College immediately before that commencement, and

• (b) the conditions of service, restrictions and obligations to which such persons were subject immediately before the commencement of this Act shall, unless they are varied by agreement, continue to apply to such persons and shall be exercised or imposed by the university or the chief officer as may be appropriate, while such persons are employed by the university.

26. Dispute resolution.

26.—(1) A governing authority shall establish procedures for the resolution of disputes which arise in the university, other than disputes to be dealt with through normal industrial relations structures operating in the university or appeals conducted in accordance with section 27(2)(e).

• (2) Procedures established under subsection (1) shall—

• (a) be specified in a statute,

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

• (c) provide for consideration of issues in dispute by an independent person or persons, as appropriate, one of whom, in the case of a constituent university, shall be a nominee of the Chancellor of the National University of Ireland.

• (3) Subsections (1) and (2) shall not apply to Trinity College.

Chapter V Academic Council

27. Academic Council.

27.—(1) Each university shall have an academic council which shall, subject to the financial constraints determined by the governing authority and to review by that authority, control the academic affairs of the university, including the curriculum of, and instruction and education provided by, the university.

• (2) Without limiting the generality of subsection (1), the functions of the academic council shall include, within those constraints and consistent with the functions of the university and those applying to its academic council immediately before the commencement of this Part—

• (a) to design and develop programmes of study,

• (b) to establish structures to implement those programmes,

• (c) to make recommendations on programmes for the development of research,

• (d) to make recommendations relating to the selection, admission, retention and exclusion of students generally,

• (e) to propose the form and contents of statutes to be made relating to the academic affairs of the university, including the conduct of examinations, the determination of examination results, the procedures for appeals by students relating to the results of such examinations and the evaluation of academic progress,

• (f) to make recommendations for the awarding of fellowships, scholarships, bursaries, prizes or other awards,

• (g) to make general arrangements for tutorial or other academic counselling,

• (h) to perform any other functions, not in conflict with this Act, which may be delegated to it by the governing authority, and

• (i) to implement any statutes and regulations made by the governing authority relating to any of the matters referred to in this subsection.

28. Composition of academic council.

28.—(1) The majority of members of the academic council shall be members of the academic staff of the university and, subject to subsection (2), the numbers, composition, selection, appointment and terms of office of members shall be provided for in a statute, which statute shall contain provisions for the inclusion on the academic council of—

• (a) the senior member of staff having responsibility to the chief officer for each academic discipline, school or department as the governing authority determines, or, in the case of Trinity College, the senior member of staff having responsibility to the chief officer for each faculty,

• (b) members from what, in the opinion of the governing authority, is an appropriate range of levels of other academic staff from an appropriate range of academic disciplines, and

• (c) an appropriate number of students.

• (2) The composition and terms of office of members of an academic council to be first appointed under this Act shall be determined in consultation with the members of the academic council of the relevant university, constituent college or Recognised College holding office immediately before the commencement of this Part or, in the case of an educational institution established under section 9 as a university after that commencement, with the members of the academic council (by whatever name known) of that institution holding office immediately before the date on which the educational institution was so established as a university.

• (3) The chief officer and the senior officer of the university responsible to the chief officer for academic affairs shall be, ex officio, members of the academic council.

29. Business of academic council.

29.—(1) Subject to this Act and any directions of the governing authority, an academic council shall hold such meetings as it thinks necessary to perform its functions and may regulate its own procedure.

• (2) The chief officer shall be 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 the chief officer at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place.

• (3) An academic council may establish such and so many committees as it thinks necessary to assist it in the performance of its functions.

• (4) A committee may consist either wholly of members of the academic council or such combination of members and non-members as the academic council thinks fit.

30. Continuation of existing academic councils.

30.—(1) An academic council (by whatever name known) of a university, constituent college or Recognised College holding office immediately before the commencement of this Part shall, after that commencement and notwithstanding the repeal of any provision of an enactment under which it was constituted, continue to exist as if that provision had never been repealed.

• (2) An academic council continued in existence under subsection (1) shall be the academic council for the university, with all the powers of an academic council under this Act, until an academic council for the university is established in accordance with this Chapter or the day which is one year from the date of commencement of this Part, whichever is earlier.

Chapter VI Charters and Statutes

31. Charters and supplementary charters.

31.—(1) A university may have a charter, not in conflict with this Act, setting out all or any of the following:

• (a) its objects and functions in respect of its academic and administrative affairs;

• (b) the arrangements it has for the promotion and use of the Irish language and the promotion of Irish cultures;

• (c) the composition of the governing authority and its functions;

• (d) the rights of its employees and students and their responsibility towards the university and the responsibility of the university towards them;

• (e) the arrangements for review of, or appeals against, decisions of the governing authority or the academic council which affect employees or students;

• (f) its policy in respect of the promotion of equality of opportunity among students and employees;

• (g) its policy in respect of adult and continuing education and the arrangements in place for the provision of that education, including part-time and evening courses; and

• (h) any other matters the governing authority may consider relevant.

• (2) In preparing a charter, the governing authority shall consult, in such manner as it thinks appropriate, with the academic staff and other employees of the university, any recognised trade union or staff association, any recognised student union or other student representative body, or with any other person or group, both within and outside of the university, it considers should be consulted.

• (3) A charter made under this section by a governing authority of a constituent university or Trinity College shall be supplemental to the charter of that university in force at the commencement of this Part.

• (4) A draft of a proposed charter under this section may be submitted by the governing authority to the Government with a request that it be recognised, and the Government shall, by order, recognise the charter as so drafted.

• (5) An order under subsection (4) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either House within the next 21 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 or the charter which the order recognised.

32. Preservation of charters.

32.—(1) A reference to the Irish Universities Act, 1908, in Clauses I, III and VIII of the charters of the constituent colleges and in Clause I of the charter of the National University of Ireland shall be construed as a reference to that Act and the Universities Act, 1997.

• (2) The Government may, by order made on the application of a university, amend the charter of the university in a manner agreed to by the university.

• (3) Where a university considers that its charter, as amended by or under this Act, should be consolidated into a single instrument, it may submit to the Government a copy of the consolidated charter and the Government, if it agrees, may by order recognise the charter as so consolidated.

• (4) An order under this section shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either House within the next 21 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 or the consolidated charter which the order recognised.

33. Statutes.

33.—(1) Subject to this Act and to the charter, if any, of the university, a governing authority of a university or the Senate may, and where required by this Act to do so shall, make such and so many statutes and regulations as it considers appropriate to regulate the affairs of the university.

• (2) A governing authority shall, as soon as practicable after F28[the making of a statute or a regulation under section 18(2) or 25(1)], inform An tÚdarás and the Minister of the making of the statute and shall arrange for its publication in the Iris Oifigiúil.

• (3) The statutes in force immediately before the commencement of this Part in a university to which this Act applies or its corresponding constituent college or Recognised College shall, so far as they are consistent with this Act, continue in force as statutes of the university or the corresponding constituent university on and after that commencement but may be repealed or amended by a statute made under subsection (1).

• (4) Section 5 of the Irish Universities Act, 1908, is hereby repealed.

Chapter VII Planning and Evaluation

34. Strategic development plan.

34.—(1) A governing authority shall, as soon as practicable after its appointment and at such other times as it thinks fit, require the chief officer to prepare a plan which shall set out the aims of the governing authority for the operation and development of the university and its strategy for achieving those aims, and for carrying out the functions of the university, during the period, being not less than three years, to which the plan relates.

• F29[(1A) A governing authority shall, before approving a strategic development plan under this section, be satisfied that the chief officer has for the purposes of preparing the plan consulted with—

• (a) the Minister,

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

• (c) An tÚdarás,

• (d) the students or the Student Union of the university,

• (e) the employees of the university,

• (f) the academic council of the university,

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

• (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and

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

• (2) A governing authority may, having regard to the resources available to the university, either approve a strategic development plan prepared under subsection (1) without modification or, after consultation with the chief officer, approve the plan with such modifications as it thinks fit.

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

• F30[(4) Where the governing authority of a university established under section 9(2) approves a strategic development plan under this section it shall—

• (a) ensure that the plan provides the means by which that university shall comply with any requirements imposed on the university under the Qualifications and Quality Assurance (Education and Training) Act 2012, and

• (b) provide a copy of that plan to the Qualifications and Quality Assurance Authority of Ireland.]

• F30[(5) Where the chief officer of a university established under section 9(2) prepares a report on the operations and the performance of that university under section 41, he or she shall have regard to the part or parts of the strategic development plan under this section relevant to any requirements imposed on that university under the Qualifications and Quality Assurance (Education and Training) Act 2012.]

• F30[(6) An tÚdarás shall consult with the Qualifications and Quality Assurance Authority of Ireland with regard to the means by which a university established under section 9(2) shall comply with any requirements imposed on the university under the Qualifications and Quality Assurance (Education and Training) Act 2012 when reviewing a strategic development plan prepared by the university in accordance with this section.]

35. Quality assurance.

35.—F31[…]

36. Equality policy.

36.—(1) A governing authority shall, as soon as practicable but not later than 12 months after it is established under this Act and at such other times as it thinks fit, require the chief officer to prepare a statement of the policies of the university in respect of—

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

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

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

• F32[(1A) A governing authority shall, for the purposes of preparing a statement under subsection (1), consult with—

• (a) the Minister,

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

• (c) An tÚdarás,

• (d) the students or the Student Union of the university,

• (e) the employees of the university,

• (f) the academic council of the university,

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

• (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and

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

• (2) A governing authority may, having regard to the resources available to the university, either approve the statement prepared under subsection (1) without modification or, after consultation with the chief officer, approve the statement with such modifications as it thinks fit.

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

Chapter VIII Finance, Property and Reporting

37. Budgets.

37.—F33[(1) An tÚdarás shall, on or before the 1st day of March in each year, notify the chief officer of the funding (in this section referred to as "allocated funding") to be provided by An tÚdarás for that year to a university, from moneys provided to An tÚdarás under section 19 of the Higher Education Authority Act 2022.]

• F33[(2) The chief officer shall, on or before the 1st day of April in each year, or such other date as An tÚdarás may approve, prepare and submit following approval by the governing authority, to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and, other than allocated funding, the expected income of the university for that year.]

• F34[(2A) The allocated funding and the expected income of the university referred to in subsection (2), shall be the budget of the university for that year.]

• (3) When the budget of a university has been determined, it shall be a function of the chief officer, acting on the authority of the governing authority, to carry it into effect.

• (4) An tÚdarás may at any time, on application made to it by the governing authority of a university, increase the amount of money to be allocated to the university from moneys provided to An tÚdarás.

• F35[(5) Where the chief officer of a university is of opinion that—

• (a) the actual expenditure in a year, or

• (b) a proposed course of action,

will or is likely to result in expenditure in excess of the budget for that year after taking account of an increase (if any) in the allocated funding under subsection (4) (in this section referred to as a "material departure from the budget"), the chief officer shall so inform the governing authority and give reasons for his or her opinion.]

• F35[(6) Where a governing authority, despite being so informed under subsection (5), decides—

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

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

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

• (7) Where, notwithstanding this section, a university incurs expenditure in excess of its budget which is not met from the income of the university other than the money allocated to it by An tÚdarás, that excess shall be a first charge on the budget for F36[the next succeeding year].

38. Borrowing and loan guarantees.

38.—(1) A university 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.

• (2) Borrowing, guaranteeing and underwriting under subsection(1) shall be in accordance with a framework which shall be agreed from time to time between the universities and An tÚdarás, following consultation by An tÚdarás with the Minister F37[, the Minister for Public Expenditure and Reform] and the Minister for Finance.

39. Keeping of accounts and records.

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

• (2) Accounts kept in pursuance of subsection (1) shall, to the extent directed by the Comptroller and Auditor General, be submitted annually by a university 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 university to An tÚdarás and to the Minister.

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

40. Fees.

40.—(1) A university may determine and charge fees of such amounts for student registration, courses, lectures, examinations, exhibitions or any other event, service or publication held or provided at or by, or produced by, the university.

• (2) An tÚdarás may review with the universities the fees charged or proposed to be charged by the universities for student registration and courses, and for lectures and examinations relating to those courses.

• (3) Arising from a review under subsection (2), An tÚdarás may, without prejudice to subsection (1) and after consultation with the Minister, advise the universities on the fees which in its opinion should be charged.

41. Report and information.

41.—(1) The chief officer shall, with the approval of the governing authority and having regard to the strategic development plan under section 34, as soon as practicable after the end of each period, not exceeding three years commencing on the commencement of this Part or at the end of the previous such period, whichever is the later, as the governing authority thinks fit, prepare a report on the operations and the performance of the university during that period.

• (2) The governing authority shall publish the report in such form as it thinks fit and shall provide the Minister with a copy and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as practicable after it is received by him or her.

42. Disposal of land, etc.

42.—(1) Subject to subsection (2), a university may sell or otherwise dispose of any land the property of the university.

• (2) Where the acquisition, development or refurbishment of land, the property of a university, was funded in whole or in part out of moneys provided by the Oireachtas after the date of the passing of this Act, a sale or other disposal of that land shall be subject to such terms and conditions relating to a payment to the Minister in recompense for such moneys, as may be agreed between the Minister and the governing authority.

• (3) If a university ceases to be funded substantially from moneys provided by the Oireachtas, then all moneys provided to the university by the Oireachtas after the date of the passing of this Act for the acquisition, development or refurbishment of land, or for the acquisition of any other assets which are the property of the university, shall be repayable to the Minister subject to such terms and conditions, including as to the amount to be so repaid, as may be agreed between the Minister and the governing authority.