Qualifications (Education and Training) Act 1999

(3) In this section “relevant body” means whichever of the Further Education and Training Awards Council or the Higher Education and Training Awards Council made or recognised an award or was to make or recognise an award in respect of the programme of education and training concerned.

45 Information to be furnished by provider: protection.

45.—(1) Subject to subsection (2), a provider, before accepting any moneys from or on behalf of a learner (other than moneys paid on behalf of a learner from funds provided by the Oireachtas), in respect of a programme of education and training of a duration of three months or more, shall, by notice in writing, inform the learner by whom or on whose behalf the moneys are to be paid—

(a) whether the provider is required under section 43 to have arrangements in place and the nature of those arrangements, or

(b) of other procedures (if any) that the provider maintains for the protection of the learners concerned if the provider ceases to provide that programme.

(2) Subsection (1) shall apply whether or not the Higher Education and Training Awards Council or the Further Education and Training Awards Council make or recognise any award in respect of the programme of education and training concerned.

46 Information to be furnished by provider: access, transfer and progression.

46.—(1) Subject to subsection (2), a provider which intends to operate a programme of education and training shall, by notice in writing, in respect of a programme of a duration of three months or more, inform the learner—

(a) before the commencement of the programme, or

(b) before accepting any moneys from or on behalf of a learner in respect of the programme,

whichever is the earlier—

(i) whether the programme concerned is accommodated through the procedures for access, transfer or progression referred to in section 8(2)(d) and the extent of such accommodation, and

(ii) of the name of the awarding body which shall make the award where the learner successfully completes the programme concerned and the title of that award.

(2) Subsection (1) shall apply whether or not the Higher Education and Training Awards Council or the Further Education and Training Awards Council make or recognise any award in respect of the programme concerned.

47 Offences and penalties.

47.—A provider of a programme of education and training who—

(a) falsely claims or represents that the Higher Education and Training Awards Council or the Further Education and Training Awards Council has validated the programme concerned or makes or recognises an award in respect of that programme, knowing or having reason to believe that the claim or representation is false, or

(b) falsely claims or represents that the provider concerned is a recognised institution of the Higher Education and Training Awards Council, knowing or having reason to believe that the claim or representation is false, or

(c) fails to furnish the information which the provider concerned is required to furnish under section 45 or 46, or

(d) makes a false representation to a learner in relation to the matters referred to in section 45 or 46, knowing or having reason to believe that the representation is false,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years, or both.

PART VIII General Provisions

48 Definition.

48.—In this Part “relevant body” means the Authority, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be.

49 Chairperson.

49.—(1) Each relevant body shall have a chairperson who shall be appointed by the Minister, following consultation with the Minister for Enterprise, Trade and Employment, the Minister for Agriculture and Food and the Minister for Tourism, Sport and Recreation.

(2) The chairperson of a relevant body may be removed from office by the Minister for stated reasons.

(3) An appointment under subsection (1) shall be on a part-time basis and the person appointed shall exercise no function in respect of the control and management of a relevant body other than the functions of chairperson of that body provided for under this Act.

50 Chief executive.

50.—(1) Subject to subsections (2) and (3) and section 51, each relevant body shall, subject to the approval of the Minister, from time to time appoint a chief executive in a whole-time capacity.

(2) A relevant body shall appoint a chief executive under subsection (1), subject to the approval of the Minister, within three years of the establishment of the relevant body concerned.

(3) The chief executive shall be appointed in accordance with procedures determined by the relevant body concerned with the consent of the Minister.

(4) The chief executive shall carry on and manage, and control generally, the administration and business of the relevant body concerned and perform such other functions (if any) as may be determined by that body.

(5) For the purposes of section 19 of the Comptroller and Auditor General (Amendment) Act, 1993, “accounting officer” shall include a chief executive appointed under subsection (1).

(6) The Second Schedule shall apply to the chief executive.

51 Interim chief executive.

51.—(1) The Minister, with the consent of the Minister for Enterprise, Trade and Employment, may appoint a person to be the interim chief executive of a relevant body.

(2) Subject to subsection (4), the interim chief executive, if any, of a relevant body shall hold office for such period (which period shall not in any case exceed three years after the establishment of the relevant body concerned) and on such terms and conditions (including terms and conditions relating to remuneration, fees, allowances and expenses) as may be determined by that body with the consent of the Minister and the Minister for Finance.

(3) Where an interim chief executive appointed under subsection (1) ceases to hold office for any reason before the expiration of the period of his or her appointment, the Minister may appoint a person who shall be known as the interim chief executive who shall hold office for such period (which period shall not in any case exceed the remainder of the term of office of the person who occasioned the vacancy he or she is appointed to fill) and on such terms and conditions (including terms and conditions relating to remuneration, fees, allowances and expenses) as may be determined by the relevant body concerned with the consent of the Minister and the Minister for Finance.

(4) When a chief executive is appointed under section 50, the interim chief executive of the relevant body concerned, if any, shall cease to hold office.

(5) Until the appointment of a chief executive to the relevant body concerned under section 50, the interim chief executive, if any, of that body shall perform all of the functions of a chief executive under this Act.

(6) References in this Act to a chief executive shall, unless the context otherwise requires, include an interim chief executive.

52 Employees.

52.—(1) Subject to the consent of the Minister and the Minister for Finance, a relevant body may, from time to time, appoint such and so many persons to be employees of that body as it thinks fit.

(2) Subject to such conditions as it thinks fit, a relevant body may delegate to the chief executive any of the functions of the relevant body relating to the appointment of employees of that body and the determination of selection procedures.

(3) Except as otherwise provided by this Act, an employee of a relevant body shall be employed on such terms and conditions as that body, subject to the consent of the Minister and the Minister for Finance, may from time to time determine.

(4) Except as otherwise provided by this Act and subject to subsections (8) and (9), there shall be paid by a relevant body to its employees, such remuneration, fees, allowances and expenses as may be determined from time to time by that body with the consent of the Minister and the Minister for Finance.

(5) A relevant body shall determine the terms and conditions of any superannuation scheme for its employees (including a chief executive) in accordance with the Third Schedule and that Schedule shall apply to an amendment to an existing scheme in the same way as it applies to a new scheme.

(6) Subject to subsection (7), every person who, immediately before the commencement of this Part and Chapter V of Part IV, is an employee of the National Council for Educational Awards shall, on such commencement, become and be an employee of the Higher Education and Training Awards Council.

(7) Subject to subsection (11), a person who, immediately before the commencement of this Part and Chapter V of Part IV, is an employee of the National Council for Educational Awards may, by order of the Minister, become and be an employee of the Authority or the Further Education and Training Awards Council.

(8) A person who, immediately before the commencement of this Part, was an employee of An Foras, CERT or Teagasc may, subject to his or her agreement and the agreement of the Minister, on such commencement or such later date as may be agreed with the Minister, become and be an employee of a relevant body and the rights and entitlements in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this Part by that person shall not, by virtue of the operation of this Act, be any less beneficial than those rights and entitlements enjoyed by that person immediately before such commencement.

(9) For the removal of doubt, the rights and entitlements in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this Part and Chapter V of Part IV by persons who are employees of a relevant body, and in the case of superannuation, former employees of the National Council for Educational Awards, 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, or former employees of the National Council for Educational Awards, immediately before such commencement.

(10) Subject to subsection (11), the Authority may, and shall when directed by the Minister, second an employee to the Further Education and Training Awards Council or the Higher Education and Training Awards Council, or to both, as may be appropriate.

(11) Before making an order under subsection (7) or issuing a direction under subsection (10), the Minister shall, by notice in writing, inform the person or employee and any recognised trade union or staff association concerned of his or her intention to make such an order or issue such a direction and the notice shall state that the person or employee concerned may make representations to the Minister, in relation to the proposed order or direction, within such time as may be specified in the notice and the Minister shall consider such representations (if any).

(12) The Minister may, following consultation with the relevant body concerned, second an officer of the Minister to that body as an employee of that body, subject to the consent of the officer.

53 Membership of either House of Oireachtas or European Parliament.

53.—(1) Where a member of a relevant body is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to that Parliament, or

(d) ceases to be a member of the category of person, as provided for in section 6, 13 or 22, as the case may be, to which he or she belonged at the time of becoming such member,

he or she shall thereupon cease to be a member of the relevant body.

(2) Where an employee of a relevant body is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) regarded pursuant to the said Part XIII, as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by the relevant body and shall not be paid by, or be entitled to receive from the relevant body any remuneration, fee, allowances or expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when such person ceases to be a member of either House or such Parliament.

(3) A period referred to in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the relevant body concerned.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of a relevant body or for employment in any capacity by a relevant body.

54 Disclosure of interests.

54.—(1) Where a member of a relevant body, an employee of a relevant body, a member of a committee established under section 56, or a consultant, adviser or other person engaged by a relevant body, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by a relevant body or a committee established under this Act, he or she shall—

(a) disclose to the relevant body or committee, as the case may be, the nature of his or her interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision in relation to the matter,

(c) take no part in any consideration of the matter,

(d) if he or she is a member of the relevant body, an employee of the relevant body or a member of a committee established under section 56, withdraw from the meeting for so long as the matter is being discussed or considered and shall not vote or otherwise act as such member or employee in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or she or any member of his or her household, or any nominee of his or her or any member of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the relevant body concerned or by a committee established under section 56, as the case may be, and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made pursuant to subsection (1) to a relevant body or to a committee established under section 56, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the relevant body concerned or a committee established under section 56, as the case may be, shall decide the appropriate action to be taken.

55 Disclosure of information.

55.—(1) Save as otherwise provided by law and subsection (3), a person shall not, without the consent of the relevant body concerned, disclose any information obtained by him or her while performing (or as a result of having performed) duties as—

(a) a member of that body,

(b) an employee of that body,

(c) a member of a committee established under section 56, or

(d) an adviser or consultant to that body or an employee of such person whilst performing duties relating to such advice or consultation.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Nothing in subsection (1) shall prevent disclosure of information in a report made to a relevant body or by or on behalf of a relevant body to the Minister.

56 Committees.

56.—(1) A relevant body may establish a committee consisting either in whole or in part of persons who are members or employees of that body—

(a) to advise the relevant body concerned on such matters as that body may from time to time determine, or

(b) to exercise such functions of that body as may be delegated to the committee from time to time, including such functions as may relate to a particular activity of business, education or training.

(2) The exercise by a committee of functions delegated to it under subsection (1)(b) shall be subject to confirmation by the relevant body concerned unless that body otherwise determines.

(3) A relevant body may at any time dissolve a committee established by it under this section or remove a member of a committee from such membership.

(4) A committee established under this section may regulate, by standing orders or otherwise, its procedures and business.

(5) A relevant body may appoint a person to be chairperson of a committee established under this section.

(6) The chairperson and members of a committee (other than an ex officio member who is an employee of a relevant body) shall be paid out of funds at the disposal of the relevant body concerned such allowances or expenses, if any, as the Minister, with the approval of the Minister for Finance, may determine.

57 Accounts.

57.—(1) A relevant body shall keep, in such form as may be approved of by the Minister, all proper and usual accounts and records of all moneys received or expended by it.

(2) Accounts kept pursuant to subsection (1) shall, to the extent directed by the Comptroller and Auditor General, be submitted annually by a relevant body for audit to the Comptroller and Auditor General, 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 relevant body to the Minister, and in the case of the Higher Education and Training Awards Council and the Further Education and Training Awards Council, copies shall also be provided by them to the Authority.

(3) A relevant body shall cause copies of the accounts provided 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.

58 Plans.

58.—(1) The Authority shall, as soon as practicable after its establishment and at such other times as it thinks fit, require the chief executive of the Authority to prepare a plan which shall set out the proposals of the Authority for carrying out its functions during the period, such period being not less than two years, to which the plan relates.

(2) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall, by such date as the Authority may from time to time determine, require each of their chief executives to prepare a plan which shall set out the proposals of each such Council for carrying out its functions during the period, such period being not less than two years, to which the plan relates.

(3) A relevant body may, having regard to the resources available to it, either approve of the plan prepared under subsection (1) or (2) without modification or, after consultation with its chief executive, approve of the plan subject to such modifications as it thinks fit.

(4) As soon as practicable after the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, approves of the plan under subsection (3), the Council concerned shall provide a copy of the plan to the Authority.

(5) The Authority may, having regard to the resources available to it, either approve of a plan provided to it under subsection (4) without modification or, after consultation with the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, approve of the plan subject to such modifications as the Authority thinks fit.

(6) The Authority shall provide a copy of the plan concerned to the Minister as soon as practicable after it approves of that plan under subsection (3) or (5).

59 Reports.

59.—(1) Subject to subsection (2), the chief executive of a relevant body shall, having regard to a plan prepared under section 58, prepare a report on the operations and the performance of the relevant body during the period referred to in subsection (2).

(2) A report under subsection (1) shall be prepared—

(a) in the case of the first such report, at the end of the period of two years after the commencement of this Part, and

(b) thereafter, at the end of the period of two years following the preparation of the preceding report.

(3) A relevant body shall publish a report under subsection (1) in such form and manner as it thinks fit.

(4) A relevant body shall provide the Minister with a copy of a report under subsection (1) and, in the case of the Higher Education and Training Awards Council and the Further Education and Training Awards Council, shall provide the Authority with a copy.

(5) The relevant body concerned shall cause a copy of a report under subsection (1) to be laid before each House of the Oireachtas as soon as practicable after it is published.

(6) Subject to subsection (7), a relevant body shall provide the Minister or either House of the Oireachtas with such information regarding the performance of its functions as the Minister or either House of the Oireachtas, as the case may be, may from time to time determine.

(7) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall provide the Authority with such information regarding the performance of their functions as the Authority may from time to time determine.

60 Gifts.

60.—(1) A relevant body may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) A relevant body shall not accept a gift if the trusts or conditions attached to it by the donor are inconsistent with the objects or functions of the relevant body.

61 Fees.

61.—(1) A relevant body shall charge, receive and recover fees, other than from the Minister, in relation to the performance of its functions.

(2) Subject to subsection (3), the Minister in consultation with the relevant body, with the concurrence of the Minister for Finance, shall determine the level of fees referred to in subsection (1).

(3) The Authority may advise the Minister in respect of the level of fees referred to in subsection (1).

(4) For the purposes of this section, the Authority may review from time to time the level of fees referred to in subsection (1).

62 Amendment of section 4 of Labour Services Act, 1987.

62.—Section 4 of the Labour Services Act, 1987, is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Subject to the Qualifications (Education and Training) Act, 1999, An Foras shall also have and enjoy all those functions that were vested in An Chomhairle, the Agency and the Manpower Service immediately before the establishment day and are not specified in subsection (1).”.

63 Service of notices.

63.—(1) Subject to subsection (6), a notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

(a) by addressing it to the person by name and delivering it to him or her,

(b) by leaving it at the address at which the person ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides,

(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to him or her to, that address, or

(e) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case may be.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not at any time during the period of three months after a notice is affixed under subsection (1) (e) remove, damage or deface the notice without lawful authority and a person who contravenes this subsection shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding £1,500.

(6) Subsection (1) shall not apply to a notice referred to in section 45 or 46 or in the First Schedule.

64 Provisions in relation to offences.

64.—(1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

65 Provider not to be described as institute of technology or regional technical college.

65.—(1) Except in relation to a provider of a programme of education and training established and described as such before the commencement of this Part (in which case it may continue to be so described), a person shall not, without the approval of the Minister, use the words “institute of technology” or “regional technical college” to describe a provider of a programme of education and training.

(2) The Minister may apply to the High Court for an injunction to restrain any person from using the words “institute of technology” or “regional technical college” in contravention of subsection (1).

66 Gender balance.

66.—(1) Where the total number of persons whom a person or body may nominate under sections 6, 13 and 22 is more than one but less than four, the person or body shall nominate at least one male and at least one female.

(2) Where the total number of persons whom a person or body may nominate under sections 6, 13 and 22 is four or more, the person or body shall nominate at least two males and at least two females.

FIRST SCHEDULE

(2) The seal of a relevant body shall be authenticated by the signature of the chairperson or a member of the relevant body, and by the signature of an employee of that body, authorised by the body to act in that behalf.

(3) Judicial notice shall be taken of the seal of a relevant body and every document purporting to be an instrument made by and to be sealed with the seal of a relevant body (purporting to be authenticated in accordance with subparagraph (2)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

(2) A member of a relevant body (other than the chairperson or an ex officio member) may, at any time, resign from office as a member by notice in writing to the chairperson and the resignation shall take effect on the date on which the chairperson receives the notice.

(3) A member of a relevant body (other than an ex officio member), including the chairperson, who is absent from all meetings of the relevant body for a period of six consecutive months, unless the absence was due to illness or was approved by that body, shall at the expiration of that period cease to be a member of the body.

(4) A member of a relevant body (including the chairperson) whose term of office expires by effluxion of time shall be eligible for reappointment to the relevant body.

(2) Subject to subparagraph (3), a member of a relevant body (other than an ex officio member), shall not serve more than two terms of office on that body.

(3) The terms of office referred to in subparagraph (2) shall not include any term of office as chairperson of the relevant body.

(2) A person who becomes a member of a relevant body pursuant to this paragraph shall, subject to this Schedule, hold office for the remainder of the term of office of the member whose death, resignation, removal from office or ceasing for other reasons to hold office occasioned the casual vacancy and shall, subject to paragraph 3 (4), be eligible for reappointment as a member of the body on the expiry of that period.

(2) The chairperson may, at any time, resign from office as chairperson by notice in writing to the Minister, a copy of which shall be sent to the relevant body, and the resignation shall take effect on the date on which the Minister receives the notice.

(2) The deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of a relevant body.

(2) The chairperson of a relevant body shall convene a meeting of the relevant body whenever requested to do so by not less than the number of members which constitute a quorum.

(3) The quorum for a meeting of a relevant body shall be one-third of the total number of members, rounded up to the nearest whole number, plus one.

(a) the chairperson shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson is not present or the office of chairperson is vacant, the deputy-chairperson shall, if present, be the chairperson of the meeting, or

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the relevant body who are present shall choose one of their number to preside at the meeting.

SECOND SCHEDULE

(2) Notwithstanding any such delegation, the chief executive shall at all times remain accountable to the relevant body concerned for the performance of the functions so delegated.

THIRD SCHEDULE

(a) in accordance with such scheme or schemes submitted and approved under this Schedule, or

(b) with the approval of the Minister subject to the consent of the Minister for Finance.