Universities Act 1997

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 theEducation and Training Boards Act 2013;]

F3["education and training board area" has the meaning assigned to it by theEducation 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 theHigher 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 undersubsection (2)from moneys provided to An tÚdarás pursuant toF8[section 19 of theHigher Education Authority Act 2022andsection 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 theQualifications 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 ofsubsection (5).]

F7[(7) A university established undersubsection (2)shall act in accordance with such directions as may be given from time to time by An tÚdarás to the university undersubsection (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):

(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):

PART III Universities Generally

Chapter I

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

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 whichsection 16Aapplies, 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 undersubsection (6).