Universities Act 1997

(9) A notice undersubsection (8)shall state that the authorised provider may make representations to the Minister in relation to the reasons for the proposed revocation that have been stated in the notice not later than 30 days after the service of the notice on the provider.

(10) Where, after consideration of representations (if any) made to the Minister in accordance withsubsection (9), the Minister decides, for the reasons stated in the notice concerned undersubsection (8), to make a revocation order in respect of the authorised provider, the Minister shall notify, in writing, the provider of that decision and of the date that the Minister proposes to specify in the order as the date on which the order shall come into operation (which date shall not be a date earlier than the end of the period within which an appeal may be brought undersubsection (11)).

(11) Where the Minister makes a decision undersubsection (10)to make a revocation order in respect of the authorised provider, the authorised provider may, in accordance withsection 57, appeal against that decision within 30 days after the service of the notice undersubsection (10).

(12) Unless, within the foregoing period, an appeal is made in accordance withsection 57against the decision of the Minister referred to insubsection (11), the Minister shall make the revocation order in respect of the authorised provider.]

57. F49[Appeals Board

57.—(1) This section applies to each of the following cases:

(a) a case in which an education provider appeals against a decision of the Minister to refuse to make a university authorisation order in respect of it;

(b) a case in which an authorised provider appeals against a decision of the Minister to make a revocation order in respect of it.

(2) An appeal referred to insubsection (1)(a)or(b)shall be made by notice in writing given by the education provider or the authorised provider to the Minister.

(3) In a case to which this section applies, the Minister shall, within 7 days after the date of receipt of the notice of appeal concerned, request the Qualifications and Quality Assurance Authority of Ireland to nominate persons, as provided for undersubsection (4), for appointment to an appeals board for the purposes of the appeal.

(4) As soon as practicable, and in any event not later than 42 days after the request undersubsection (3), the Qualifications and Quality Assurance Authority of Ireland shall nominate—

(a) 2 persons having a special interest or expertise in, or knowledge of, matters relating to higher education—

(i) one of whom shall be nominated for the purpose of the person’s being appointed the chairperson, and

(ii) one of whom shall be nominated for the purpose of the person’s being appointed to be an ordinary member,

of the appeals board, and

(b) one person who, as a practising solicitor or practising barrister, has not less than 10 years’ experience as such and who shall be nominated for the purpose of the person’s being appointed to be an ordinary member of the appeals board.

(5) An employee or member of the Qualifications and Quality Assurance Authority of Ireland shall not be nominated undersubsection (4)(a).

(6) A solicitor or barrister who is in the full-time service of the State shall not be nominated undersubsection (4)(b).

(7) In a case to which this section applies, the Minister shall appoint an appeals board, consisting of a chairperson and 2 ordinary members and the persons appointed to those positions shall be the persons nominated, respectively, for that purpose undersubsection (4).

(8) The persons so appointed shall be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(9) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines necessary to enable the board to perform its functions.

(10) In relation to the appeal falling to be determined by an appeals board, the board—

(a) shall establish the procedures to be followed regarding the making of submissions to the board and their form, and

(b) may establish the procedures to be followed regarding—

(i) the holding of a hearing,

(ii) the examination by the appeals board of the parties to the appeal or other persons,

(iii) requests by the appeals board for information or further information, for the purposes of the appeal, from the parties to the appeal or other persons,

(iv) provision by the appeals board to the parties to the appeal of all information for the purposes of the appeal received by the appeals board, and

(v) any other matter that the appeals board considers appropriate for the proper performance of its functions.

(11) An appeals board shall be independent in the performance of its functions.]

58. F50[Appeal

58.—(1) For the purposes of the appeal for which an appeals board is appointed undersection 57, the board—

(a) shall request submissions from the parties to the appeal and the parties shall furnish the submissions to the appeals board within the period specified in the request,

(b) following consideration of those submissions may hold a hearing, and

(c) may request such information from the parties to the appeal, or any other person as the appeals board considers necessary for the proper performance of its functions, and the parties to the appeal or other person, as the case may be, shall furnish the information to the appeals board within the period specified in the request.

(2) If a hearing is held—

(a) each of the parties to the appeal is entitled to be heard at the hearing, and

(b) the appeals board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the board.

(3) A decision by a majority of the members of an appeals board shall suffice for any purpose.

(4) In considering an appeal under this section an appeals board shall consider—

(a) submissions from the parties to the appeal,

(b) the evidence presented at any hearing of the matter, and

(c) all information furnished to the appeals board.

(5) On completion of its consideration of the appeal, the appeals board shall make a decision determining the appeal as soon as practicable in all the circumstances of the case, which may be a determination to—

(a) affirm the decision concerned of the Minister, or

(b) quash the decision concerned of the Minister and direct the Minister, for stated reasons, to reconsider his or her decision within a specified period.

(6) In a case in which the subject of the appeal is a decision of the Minister to make a revocation order in respect of an authorised provider and the appeals board makes a determination undersubsection (5)(a)to affirm that decision, the board shall, at the same time, specify a date that is to be the date specified in the revocation order as the date on which the order shall come into operation and the revocation order made by the Minister shall specify, as the date on which it shall come into operation, the foregoing date.

(7) The appeals board shall notify the parties to the appeal and the Minister of its determination undersubsection (5)as soon as practicable after it is made.

(8) In the case of a determination undersubsection (5)(b), the Minister shall reconsider his or her decision within the specified period or the specified period as extended for a further period by the appeals board following:

(a) a request from the Minister;

(b) consultation with the parties to the appeal; and

(c) the board being satisfied that there is good and sufficient reason for so extending.

(9) Where having reconsidered, on foot of a direction undersubsection (5)(b), his or her decision to refuse to make a university authorisation order in respect of an education provider, the Minister decides to make a university authorisation order in respect of the provider, the Minister shall, subject tosection 54(9), make the order accordingly.]