Institutes of Technology Act 2006

PART 1 Preliminary and General

1 Short title, commencement and collective citations.

1.— (1) This Act may be cited as the Institutes of Technology Act 2006.

(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) If, immediately before the expiration of the period of one year from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.

(4) The Regional Technical Colleges Acts 1992 to 2001 and Part 2 may be cited together as the Institutes of Technology Acts 1992 to 2006.

(5) The Dublin Institute of Technology Acts 1992 to 2001 and Part 3 may be cited together as the Dublin Institute of Technology Acts 1992 to 2006.

(6) The Higher Education Authority Act 1971 and section 52 may be cited together as the Higher Education Authority Acts 1971 and 2006.

(7) The Universities Act 1997 and section 53 may be cited together as the Universities Acts 1997 and 2006.

(8) The Qualifications (Education and Training) Act 1999 and section 54 may be cited together as the Qualifications (Education and Training) Acts 1999 and 2006.

(9) The Vocational Education Acts 1930 to 2001 and section 55 may be cited together as the Vocational Education Acts 1930 to 2006.

2 Definitions.

2.— In this Act—

“ DIT Act” means the Dublin Institute of Technology Act 1992;

“RTC Act” means the Regional Technical Colleges Act 1992.

PART 2 Amendment of Regional Technical Colleges Acts

3 Amendment of section 2 of RTC Act.

3.— Section 2(1) of the RTC Act is amended—

(a) by inserting, after the definition of “academic council”, the following definition:

“ ‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;”, and

(b) by substituting the following definition for the definition of “college”:

“ ‘college’ means an institution of higher education declared by paragraph (a) of section 3(1) (as amended by the Institutes of Technology Act 2006) to be a college to which this Act applies and, in relation to the Cork Institute of Technology, includes a school of that college declared to be such under paragraph (b) of that subsection;”.

4 Amendment of section 3 of RTC Act.

4.— Section 3 of the RTC Act is amended—

(a) by substituting the following for subsection (1) (as amended by the Regional Technical Colleges (Amendment) Act 1999):

“(1) (a) Each institution of higher education specified in column (1) of the First Schedule is declared to be a college to which this Act applies and shall, subject to subsection (4), continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in that Schedule.

(b) Coláiste Ealaíne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorcaí (Cork School of Music) and Coláiste Náisiúnta Mara na hÉireann (National Maritime College of Ireland) are declared to be schools of the Cork Institute of Technology and each of them shall continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in this paragraph.

(c) (i) Coláiste Turasóireachta Na Cealla Beaga (Tourism College Killybegs) is declared to be a school of the Letterkenny Institute of Technology and it shall continue to bear, and to be known by, the name in the Irish language or the English language by which it is referred to in this paragraph, or by such other name as the governing body, subject to the consent of the Minister, may determine.

(ii) Every person who, immediately before the commencement of this paragraph, is—

(I) an employee of County Donegal Vocational Education Committee, and

(II) working for the college referred to in subparagraph (i),

shall, on such commencement, become and be a member of the staff of Letterkenny Institute of Technology and shall not, while in the service of that college, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which the person was subject before such commencement.”, and

(b) by deleting subsections (2) (as amended by the Qualifications (Education and Training) Act 1999) and (3).

5 Repeal of section 3A of RTC Act.

5.— Section 3A (inserted by the Qualifications (Education and Training) Act 1999) of the RTC Act is repealed.

6 Amendment of section 5 of RTC Act.

6.— Section 5 of the RTC Act is amended—

(a) in subsection (1)—

(i) in paragraph (c), by substituting “An tÚdarás” for “the Minister”,

(ii) by substituting the following paragraph for paragraph (e):

“(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state,

to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

but only if the objects of the company or undertaking include the carrying on of such business, trading or other activities, as the college thinks fit, for the purpose of promoting or assisting in the performance of, or in connection with, the functions of the college;”,

and

(iii) in paragraph (i), by substituting “An tÚdarás” for “the Minister”,

and

(b) by deleting subsection (2).

7 Academic freedom.

7.— The RTC Act is amended by inserting the following section after section 5:

“Academic freedom.

5A.— (1) A college, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

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

8 Amendment of section 7 of RTC Act.

8.— The RTC Act is amended by substituting the following section for section 7:

“Functions of governing bodies.

7.— (1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—

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

(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and

(c) to perform such other functions as are conferred on it by this or any other Act.

(2) For the purpose of the appointment of the Director under subsection (1)(b), the governing body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the college and shall publish such procedures in such manner as it considers appropriate.

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

(4) A governing body may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the governing body, 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 body may direct and its acts shall be subject to confirmation by the governing body, unless the governing body otherwise directs.

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

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,

(b) 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,

(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff of the college and shall, in particular, promote access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body,

(d) ensure as far as it can that the college 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, and

(e) have regard to the statutory responsibilities of other education providers.”.

9 Amendment of section 8 of RTC Act.

9.— Section 8(1) of the RTC Act is amended by substituting “An tÚdarás” for “the vocational education committee”.

10 Amendment of section 9 of RTC Act.

10.— Section 9 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) A governing body shall from time to time appoint in a whole-time capacity a person to be the chief officer of the college, and that person shall be known as the Director, or by such other title as the governing body, subject to the consent of the Minister, may determine.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the Minister”, and

(c) by substituting the following subsection for subsection (4) (inserted by the Regional Technical Colleges (Amendment) Act 1994):

“(4) Where an office of Director becomes vacant, the governing body, after consultation with An tÚdarás, may appoint a person to perform the functions of the Director until such time as a permanent appointment to that office is made and such interim appointment may be terminated by the governing body at any time.”.

11 Amendment of section 10 of RTC Act.

11.— Section 10(3)(a) of the RTC Act is amended by deleting “in accordance with the programmes and budget approved annually under section 13 of this Act and”.

12 Amendment of section 11 of RTC Act.

12.— The RTC Act is amended by substituting the following section for section 11:

“General provisions in relation to staff.

11.— (1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.

(2) Subject to section 12, there shall be paid by a college to its staff, 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.

(3) The payment of any remuneration, fees, allowances or expenses by a company or undertaking referred to in section 5(1)(e) (as amended by the Institutes of Technology Act 2006) to the staff of a college shall be in accordance with arrangements in that behalf entered into between the colleges and An tÚdarás.

(4) The Education Sector Superannuation Scheme (referred to in Article 2 of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001)) shall apply to a college and the members of its staff.”.

13 Provisions in relation to certain staff.

13.— The RTC Act is amended by inserting the following section after section 11:

“Provisions in relation to certain staff.

11A.— (1) (a) A college may appoint such and so many persons to be members of the staff of the college (in addition to the Director) as, subject to the approval of An tÚdarás given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.

(b) The recruitment and selection of such members of the staff shall be carried out in accordance with procedures that may be determined by the Minister from time to time.

(c) Such procedures shall provide that the selection board shall consist of appropriately qualified persons and shall include the Director of the college or a nominee of the Director.

(2) Subject to section 12, the members of the staff of a college shall be employed on such terms and conditions as the college (subject to the approval of the Minister given with the concurrence of the Minister for Finance) from time to time determines.

(3) A college may suspend or dismiss a member of its staff, but only in accordance with procedures and subject to any conditions determined by the college, following consultations by it with recognised staff associations or trade unions; those procedures and conditions may provide for the delegation of powers relating to suspension or dismissal to the Director.

(4) Subsection (3) shall apply to all members of the staff of a college, except those officers to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply.”.

14 Amendment of section 12 of RTC Act.

14.— Section 12 of the RTC Act is amended by adding the following subsections after subsection (2):

“(3) Sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall apply to officers of a college who were appointed before the commencement of this subsection, with the substitution of references to the college for references to the vocational education committee.

(4) (a) A college shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.

(b) This subsection applies to officers of a college appointed before the commencement of this subsection.”.

15 Amendment of section 13 of RTC Act.

15.— The RTC Act is amended by substituting the following section for section 13:

“Budgets.

13.— (1) A governing body shall, on or before the first day of March in each financial year or such other date as An tÚdarás may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit 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 expected income of the college for the financial year.

(2) An tÚdarás shall, having regard to the statement submitted under subsection (1), determine the amount of money to be allocated to the college for the financial year from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act 1971, and the amount so allocated, together with the other expected income of the college as agreed with An tÚdarás, shall be the budget of the college for the financial year.

(3) Where the budget of a college has been determined, it shall be a function of the Director, acting on the authority of the governing body, to carry it into effect.

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

(5) Where the Director of a college is of opinion that—

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

(b) a proposed course of action,

taking into account any increased allocation under subsection (4), will or is likely to result in expenditure in excess of the budget for that financial year (in this section referred to as a ‘material departure from the budget’), the Director shall so inform the governing body.

(6) Where the governing body, despite being so informed, 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 continue with its proposed course of action,

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

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

(8) A college may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.

(9) Borrowing, guaranteeing and underwriting under subsection (8) shall be in accordance with arrangements entered into from time to time between the colleges and An tÚdarás; An tÚdarás shall consult with the Minister and the Minister for Finance before entering into such arrangements.”.

16 Amendment of section 14 of RTC Act.

16.— Section 14 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The governing body of a college shall, as soon as may be, but not later than 3 months, after the end of each academic year, prepare and publish a report of its proceedings during that year in such form as may be determined by An tÚdarás and provide a copy of such report to An tÚdarás and the Minister.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the vocational education committee”, and

(c) by adding the following subsection after subsection (2):