Qualifications and Quality Assurance (Education and Training) Act 2012

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY KNOWN IN THE IRISH LANGUAGE AS ÚDARÁS NA hÉIREANN UM CHÁILÍOCHTAÍ AGUS DEARBHÚ CÁILÍOCHTA OR IN THE ENGLISH LANGUAGE THE QUALIFICATIONS AND QUALITY ASSURANCE AUTHORITY OF IRELAND; TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE DISSOLUTION OF THE NATIONAL QUALIFICATIONS AUTHORITY OF IRELAND, THE HIGHER EDUCATION AND TRAINING AWARDS COUNCIL AND THE FURTHER EDUCATION AND TRAINING AWARDS COUNCIL; TO REPEAL THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999; TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, THE REGIONAL TECHNICAL COLLEGES ACT 1992, THE FREEDOM OF INFORMATION ACT 1997, THE UNIVERSITIES ACT 1997 AND CERTAIN OTHER ACTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[22nd July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Qualifications and Quality Assurance (Education and Training) Act 2012.

• (2) 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 provisions.

• (3) An order under subsection (2) may, in respect of the repeal of the Act of 1999 or the provision of the Act of 1997, specified in Part 1 of Schedule 2, and the revocation of the statutory instrument specified in Part 2 of that Schedule effected by section 6, appoint different days for the repeal of those Acts or different provisions of them and the revocation of different provisions of that statutory instrument.

2. Interpretation.

2.— (1) In this Act—

“access, transfer and progression”, in relation to learners, shall be construed in accordance with subsection (5);

“Act of 1908” means the Irish Universities Act 1908;

“Act of 1997” means the Universities Act 1997;

“Act of 1999” means the Qualifications (Education and Training) Act 1999;

“An Foras” means An Foras Áiseanna Saothair;

“Appeals Panel” means the Appeals Panel established under section 68;

“Appeals Board” means an Appeals Board appointed under section 69 (3);

F1["associated provider" has the meaning assigned to it by section 55F(1);]

“Authority” has the meaning assigned to it by section 8;

“award” means an award, including a joint award, for education or training, or both, made by an awarding body or in the case of a joint award, by two or more awarding bodies, to a learner to record or certify that the learner has acquired a particular standard of knowledge, skill or competence and includes—

• (a) a certificate,

• (b) a diploma,

• (c) a degree;

F1["award that is included within the Framework" shall be construed in accordance with section 55B;]

“awarding body” means a body which makes an award;

“chief executive” has the meaning assigned to it by section 15 and includes a person designated under section 16 (5) while he or she is performing the functions of the chief executive;

“code of practice” means a code of practice established and published by the Authority in accordance with section 60;

“company” means a company established under the Companies Acts;

“completion rate” for a programme of education and training means the ratio that the number of enrolled learners who complete the programme bears to the number of enrolled learners who commenced the programme;

“database” means the database established and maintained under section 79;

“designated awarding body” means a previously established university, the National University of Ireland, an educational institution established as a university under section 9 of the Act of 1997, F2[a technological university,] F1[an Institute of Technology,] the Dublin Institute of Technology and the Royal College of Surgeons in Ireland;

F3["designated institution of higher education" has the same meaning as it has in the Higher Education Authority Act 2022;]

“dissolved body” shall be construed in accordance with section 71;

F1["English language education and training" means a programme of education and training in English as a foreign language and "English language programme" shall be construed accordingly;]

“enrolled learner” means a learner who has enrolled in a programme of education and training;

“establishment day” shall be construed in accordance with section 7;

“Framework” has the meaning assigned to it by section 43;

“Institute of Technology” means an institution referred to in section 3 (amended by section 4 of the Institutes of Technology Act 2006) of the Regional Technical Colleges Act 1992;

F4[…]

“international education mark” means the international education mark specified under section 61;

“international learner” means a person who is not an Irish citizen but is lawfully in the State primarily to receive education and training;

“joint award” means a single award made jointly by two or more awarding bodies;

“joint awarding arrangement” has the meaning assigned to it by section 51 (1);

“linked provider” shall be construed in accordance with subsection (3);

F1["listed awarding body" has the meaning assigned to it by section 55A(1)(a);]

“Minister” means the Minister for Education and Skills;

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

“prescribed” means prescribed by regulations made by the Minister;

“previously established university” means a university specified in paragraphs (a) to (d) of section 4(1) of the Act of 1997;

“professional recognition body” means a body (including a professional association, professional institute or any other professional organisation) required or authorised by or under a law of the State to supervise or regulate the conduct of persons engaged in a profession;

“programme of education and training” means a process by which a learner acquires knowledge, skill or competence and includes a course of study, a course of instruction and an apprenticeship;

“provider” means a person who provides, organises or procures a programme of education and training;

“recognised school” means a school that is recognised by the Minister under section 10 of the Education Act 1998;

“record” includes—

• (a) a record in writing,

• (b) a plan, chart, map, drawing, diagram, pictorial or graphic image,

• (c) a disc, tape, soundtrack, or other thing in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other thing) of being reproduced in legible or audible form, and

• (d) a film, tape or other thing in which visual images are embodied so as to be capable (with or without the aid of some other thing) of being reproduced in visual form;

“register” means the register of providers established and maintained under section 78;

“relevant designated awarding body”, in relation to a linked provider, means the designated awarding body who has entered into the arrangement referred to in subsection (3), with the linked provider;

“relevant provider” means—

• (a) a previously established university,

• (b) an educational institution established as a university under section 9 of the Act of 1997,

• F2[(ba) a technological university]

• (c) the Royal College of Surgeons in Ireland,

• (d) the Dublin Institute of Technology,

• (e) a provider whose programme of education and training is validated under section 45,

• (f) a provider who has entered into an arrangement with an awarding body under section 48,

• (g) a provider to whom authority to make an award has been delegated under [F5section 53,]

• (h) a provider who is authorised to use the international education mark under section 61 other than a provider who is so authorised where that provider is also—

• (i) a provider referred to in paragraphs (a) to (g), or

• (ii) a linked F5[provider,]

• F1[(i) an Institute of Technology,

• (j) an education and training board, or

• (k) a listed awarding body providing one or more programmes leading to its own awards that are awards included within the Framework;]

F1["Solas" means An tSeirbhís Oideachais Leanúnaigh agus Scileanna;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“Teagasc” means Teagasc — The Agriculture and Food Development Authority;

F2["technological university" has the meaning assigned to it by the Technological Universities Act 2018;]

“validation”, in relation to a programme of education and training, shall be construed in accordance with subsection (2);

F6[…]

• F5[(2) For the purposes of this Act, a programme of education and training is validated where the Authority confirms under section 45 that the provider of the programme has satisfied the Authority that, in respect of the period for which, by virtue of subsection (1A) or (1B) of section 45, the validation is to have effect:

• (a) an enrolled learner of that provider who completes that programme will acquire, and where appropriate, be able to demonstrate, the necessary knowledge, skill or competence to justify an award of the Authority being offered in respect of that programme;

• (b) the quality assurance procedures established under section 28 by that provider are consistent with the guidelines issued by the Authority under section 27(1) and suitable for quality assuring that programme; and

• (c) the provider has the capacity and capability to provide that programme;

and section 45 shall be construed and operate so as to require the Authority to be so satisfied as to those matters.]

• (3) Subject to subsection (4), a linked provider is a F5[provider that has a place of business in the State and is not] a designated awarding body but enters into an arrangement with a designated awarding body under which arrangement the provider provides a programme of education and training that satisfies all or part of the prerequisites for an award of the designated awarding body.

• (4) A provider of a programme referred to in subsection (3) is not a linked provider where the award referred to in that subsection is a joint award of the provider and the designated awarding body.

• (5) A reference to access, transfer and progression, in relation to learners, is a reference to—

• (a) access by learners to programmes of education and training, including recognition for knowledge, skill or competence previously acquired,

• (b) transfer of learners from one programme to another having received recognition for knowledge, skill or competence previously acquired, and

• (c) progression of learners from a programme to another programme of a higher level.

3. Regulations.

3.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Offences.

5.— (1) A person who commits an offence under section 83(6) or paragraph 13(2) of Schedule 1 shall be liable on summary conviction to a class A fine.

• (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under section 83(6) or paragraph 13(2) of Schedule 1 may be instituted within 12 months from the date of the offence.

• (3) A person who commits an offence under this Act, other than an offence referred to in subsection (1), shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.

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

• (5) Summary proceedings for an offence under this Act may be brought and prosecuted by the Authority.

6. Repeals and revocation.

6.— (1) The Acts specified in column (1) of Part 1 of Schedule 2 are repealed to the extent specified in column (2) of that Part.

• (2) The statutory instrument specified in Part 2 of Schedule 2 is revoked.

PART 2 Qualifications and Quality Assurance Authority of Ireland

7. Establishment day.

7.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

8. Establishment of Qualifications and Quality Assurance Authority of Ireland.

8.— (1) There shall stand established on the establishment day a body which shall, subject to subsection (2), be known in the Irish language as Údarás na hÉireann um Cháilíochtaí agus Dearbhú Cáilíochta or, in the English language, as the Qualifications and Quality Assurance Authority of Ireland (in this Act referred to as the “Authority”) to perform the functions conferred on it by this Act.

• (2) The Minister may, following consultation with the Authority, by order specify a name, other than the Qualifications and Quality Assurance Authority of Ireland, by which the Authority may describe itself for operational purposes.

• (3) Schedule 1 applies to the Authority.

9. Functions of Authority.

9.— (1) The general functions of the Authority shall be to—

• (a) promote, maintain, further develop and implement the Framework,

• (b) advise the Minister in relation to national policy on quality assurance and enhancement in education and training,

• F7[(c) approve a provider’s quality assurance procedures and monitor and review the effectiveness of such procedures (including such procedures as they stand amended for the time being),]

• (d) validate programmes of education and training, and review and monitor the validated programmes,

• (e) establish the standards of knowledge, skill or competence to be acquired by learners before an award can be made by the Authority or by a provider to which authority to make an award has been delegated,

• (f) make awards, delegate authority to make an award where it considers it appropriate and review and monitor the operation of the authority so delegated,

• (g) determine policies and criteria for access, transfer and progression in relation to learners, and monitor the implementation of procedures for access, transfer and progression in relation to learners by providers,

• (h) establish a code of practice for the provision of programmes of education and training to international learners,

• (i) authorise the use of the international education mark by a provider that complies with the code of practice,

• (j) establish, maintain and develop a database providing information on F7[awards that are awards included within the Framework], programmes of education and training which lead to F7[such awards] and any other programmes the Authority thinks appropriate,

• (k) establish and maintain the register,

• (l) advise and consult with the Minister, or any other Minister, on any matter which relates to its functions, at that Minister’s request,

• (m) co-operate with international bodies on qualifications and quality assurance policies and their implementation and in particular to—

• (i) liaise with awarding bodies outside the State for the purposes of facilitating the recognition in the State of awards of those bodies, and

• (ii) facilitate the recognition outside the State of awards made in the State,

• (n) ensure arrangements for the protection of learners are in place where learners have begun but not completed a programme of education and training where a provider ceases to provide the programme before completion,

• (o) assist enrolled learners in finding alternative programmes of education and training where providers cease to provide a programme before F7[completion,]

• (p) collect any information relating to the performance of its functions it considers F7[appropriate,]

• F8[(q) share, as it considers appropriate, any information collected through the performance of its functions with a Department of State, the Office of the Revenue Commissioners, Solas and any other body the Authority considers appropriate, subject to the general law (and in particular the relevant law of the European Union and the Data Protection Act 2018),

• (r) make decisions that it is appropriate that particular awards be regarded, for the purposes of this Act, as awards that are included within the Framework, and

• (s) as an element of the process of making decisions of the foregoing kind, prepare and publish a list of awarding bodies for the purposes of having awards included within the Framework.]

• (2) The Authority in the performance of its functions shall—

• (a) inform itself of the education, training, skills and qualifications requirements of industry, agriculture, business, tourism, trade, the professions and the public service, including requirements as to the level of knowledge, skill or competence to be acquired by learners,

• (b) promote practices in education and training which meet the requirements referred to in paragraph (a),

• (c) inform itself of practices outside the State in respect of matters relevant to its functions,

• (d) have regard to such policies of the Government relating to education and training as are notified in writing to the Authority, by the F7[Minister,]

• (e) consult, as it considers appropriate, with providers, professional recognition bodies, staff and learner representatives, An tÚdarás um Ard-Oideachas, the National Council for Curriculum and Assessment, the State Examinations Commission F9[, Solas] and any other persons or bodies the F7[Authority considers appropriate,]

• F9[(f) conduct any reviews that it considers necessary and expedient for the performance of its functions, and

• (g) publish reports of its reviews, evaluations and determinations as it considers appropriate.]

• (3) The Authority shall have all powers necessary or expedient for the performance of its functions.

• (4) Subject to this Act, the Authority shall be independent in the performance of its functions.

• (5) The Authority may perform any of its functions through or by any member of the staff of the Authority duly authorised in that behalf by the Authority.

• (6) The Authority shall furnish the Minister with such information regarding the performance of its functions as the Minister may from time to time request.

10. Reviews by Authority.

10.— The Authority may, where it considers it appropriate, conduct one or more reviews under section 34, 46, 54, 57 or 63 in relation to a provider at the same time.

11. Review of Authority by Minister.

11.— (1) The Minister may from time to time review the performance by the Authority of its functions.

• (2) Following a review under subsection (1) the Minister may, after consultation with the Authority, make such recommendations to the Authority in respect of the performance by the Authority of its functions, as the Minister thinks fit.

• (3) The Minister shall publish in the form and manner he or she thinks appropriate the results of a review under subsection (1) and any recommendations made under subsection (2).

12. Grants to Authority.

12.— The Minister shall in each year, with the consent of the Minister for Public Expenditure and Reform, advance to the Authority out of moneys provided by the Oireachtas, such sums as the Minister may determine.

13. Co-operation with Authority.

13.— (1) Upon being requested to do so by the Authority, a relevant provider or a body authorised by law to make awards in the State shall assist the Authority in the performance of the functions of the Authority in so far as those functions relate to the functions of the relevant provider or body authorised by law to make awards in the State as the case may be.

• (2) A professional recognition body shall, in so far as is practicable—

• (a) co-operate with the Authority in the performance of the functions of the Authority in so far as those functions relate to the functions of the body, and

• (b) consult with the Authority, as appropriate, in regard to the performance of the functions of the Authority in so far as those functions relate to the functions of the body.

• (3) Upon being requested to do so by the Authority, a relevant provider, a body authorised by law to make awards in the State or a professional recognition body shall provide any information the Authority requires for the performance of its functions in so far as those functions relate to the functions of the provider, the body authorised by law to make awards in the State or the professional recognition body as the case may be, including information in respect of completion rates, within the time specified in the request.

• F10[(4) In this section and section 14 a reference to a relevant provider shall be construed as including a reference to a listed awarding body, whether or not it is a listed awarding body that falls within paragraph (k) of the definition of "relevant provider" in section 2(1).]

14. Directions of Authority as to provision of information.

14.— (1) Where a relevant provider, a body authorised by law to make awards in the State or a professional recognition body fails to provide information when requested to do so under section 13(3), the Authority may by notice in writing direct the relevant provider, the body authorised by law to make awards in the State or the professional recognition body concerned to provide that information within a specified period.

• (2) Where the Authority makes a direction under subsection (1)—

• (a) the relevant provider,

• (b) the body authorised by law to make awards in the State, or

• (c) the professional recognition body,

to which the direction is made shall comply with the direction within the time specified in the direction.

• (3) The Authority may, by notice in writing, amend or revoke a direction under this section.

14A. F11[Furnishing of information by Authority to other bodies

14A. (1) Subject to subsection (2), the Authority may furnish to a Department of State, the Office of the Revenue Commissioners, An tÚdarás um Ard-Oideachas, Solas, the Central Applications Office and any other body the Authority considers appropriate information which comes to its attention in the course of performing its functions, and which relates to one or more functions of that other body.

• (2) Subsection (1) does not apply to information that is personal data within the meaning of the General Data Protection Regulation; the furnishing to others of personal data by the Authority shall be in accordance with the general law, and in particular:

• (a) the General Data Protection Regulation; and

• (b) as applicable—

• (i) the Data Protection Act 2018; and

• (ii) any Act of the Oireachtas that is passed, before, on or after the commencement of section 6 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, for the purpose of, amongst other things, the regulation of the sharing of personal data (or both personal data and other information) between public bodies.

• (3) In subsection (2) "General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.]

15. Chief executive.

15.— (1) There shall be a chief executive officer of the Authority (in this Act referred to as the “chief executive”).

• (2) Subject to subsections (4) and (5), the chief executive shall be appointed by the Authority with the consent of the Minister.

• (3) The chief executive may be removed from office by the Authority for stated reasons.

• (4) The Minister may, before the establishment day, designate a person to be appointed the first chief executive of the Authority.

• (5) If, immediately before the establishment day, a person stands designated by the Minister under subsection (4), the Authority shall appoint that person to be the first chief executive.

• (6) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Authority with the consent of the Minister and the Minister for Public Expenditure and Reform.

• (7) The chief executive shall not hold any other office or employment or carry on any business without the consent of the Authority.

16. Functions of chief executive.

16.— (1) The chief executive shall carry on and manage, and control generally, the administration of the Authority and perform such other functions (if any) as the Authority may determine.

• (2) The chief executive shall perform his or her functions subject to such policies as may be determined from time to time by the Authority, and is accountable to the Authority for the efficient and effective management of the Authority and for the due performance of his or her functions.

• (3) The chief executive may make proposals to the Authority on any matter relating to its functions.

• (4) The chief executive shall provide the members of the Authority with any such information (including financial information) in relation to the performance of his or her functions as the members may request.

• (5) The Authority may designate a member of the staff of the Authority to perform the functions of the chief executive in the absence of the chief executive or where the position of chief executive is vacant and the member so designated shall in such absence or upon such position being vacant perform those functions.

17. Delegation of functions of chief executive.

17.— (1) The chief executive may, with the consent of the Authority in writing, delegate any of his or her functions to a specified member of the staff of the Authority and that member of staff shall be accountable to the chief executive for the performance of the functions so delegated.

• (2) The chief executive shall be accountable to the Authority for the performance of functions delegated by him or her in accordance with subsection (1).

• (3) The chief executive may, with the consent of the Authority in writing, revoke a delegation made in accordance with this section.

• (4) In this section “functions” does not include a function to be performed by the chief executive on the determination of the Authority that is subject to a condition specified by the Authority that the function shall not be delegated by the chief executive to anyone else.

18. Accountability of chief executive to Public Accounts Committee.

18.— (1) In this section “Public Accounts Committee” means the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General.

• (2) The chief executive shall, whenever required in writing to do so by the Public Accounts Committee, give evidence to that Committee in relation to—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account that the Authority is required by this Act to prepare (being a book or record of account that is subject to audit by the Comptroller and Auditor General),

• (b) the economy and efficiency of the Authority in the use of its resources,

• (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (3) In giving evidence under this section, the chief executive shall not question or express an opinion on the merits of—

• (a) any policy of the Government or a Minister of the Government, or

• (b) the objectives of such a policy.

19. Accountability of chief executive to other Oireachtas Committees.

19.— (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 18 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

• (2) Subject to subsection (3), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority.

• (3) The chief executive shall not be required to give account before a Committee for any matter which is or has been or may be the subject of proceedings before a court or Tribunal in the State.

• (4) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the chief executive does so at a time when he or she is before the Committee, he or she shall do so in writing.

• (5) Where the chief executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

• (a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (3) applies, or

• (b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

• (6) Pending the determination of an application under subsection (5), the chief executive shall not attend before the Committee to give account for the matter the subject of the application.

• (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines subsection (3) does not apply, the chief executive shall attend before the Committee to give account for the matter.

• (8) In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on—

• (a) the merits of any policy of the Government or a Minister of the Government, or

• (b) the merits of the objectives of such a policy.

20. Staff.

20.— (1) The Authority shall appoint, with the consent of the Minister and the Minister for Public Expenditure and Reform, such and so many persons to be members of the staff of the Authority as it from time to time determines.

• (2) The terms and conditions of service of a member of the staff of the Authority shall be such as the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, from time to time determines.

• (3) There shall be paid by the Authority to the members of its staff such remuneration, allowances and expenses as, from time to time, the Authority, with the consent of the Minister and the Minister for Public Expenditure and Reform, determines.

21. Transfer of staff of dissolved body to Authority.

21.— (1) Every person who, immediately before the establishment day, was a member of the staff of a dissolved body shall, on the establishment day, become and be a member of the staff of the Authority on the establishment day.

• (2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Authority, be subject to less beneficial conditions in relation to remuneration than the conditions in relation to remuneration to which he or she was subject immediately before the establishment day.

• (3) In subsection (2), a reference to conditions in relation to remuneration does not include conditions in relation to superannuation.

• (4) In relation to a person who becomes a member of the staff of the Authority under this section, previous service with a dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005, the Unfair Dismissals Acts 1977 to 2007, the Protection of Employees (Fixed-Term) Work Act 2003, the Parental Leave Acts 1998 and 2006, the Carer’s Leave Act 2001, the Terms of Employment (Information) Acts 1994 and 2001, the Maternity Protection Acts 1994 and 2004 and the Adoptive Leave Acts 1995 and 2005.

22. Superannuation.

22.— (1) As soon as may be after the establishment day, the Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such of its staff (including the chief executive) as the Authority thinks appropriate.

• (2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme and different terms and conditions may be fixed by such schemes in respect of different classes of persons.

• (3) The Authority may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

• (4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the Authority in accordance with its terms.

• (5) Every scheme made under this section shall make provision for appeals.

• (6) No superannuation benefit shall be granted by the Authority to or in respect of any of its staff (including the chief executive) who is a member of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such a person on his or her ceasing to hold office, other than in accordance with a scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

• (7) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done under it.

• (8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to, or in respect of, a person who was transferred to the staff of the Authority under section 21, the benefit shall be calculated by the Authority in accordance with such arrangement, approved by the Minister with the consent of the Minister for Public Expenditure and Reform, as applied to him or her immediately before the establishment day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service with a dissolved body and the benefit so calculated shall be paid by the Authority.

• (9) A scheme under subsection (1) shall, in respect of a person who becomes a member of the staff of the Authority under section 21, provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions, approved by the Minister with the consent of the Minister for Public Expenditure and Reform, as applied to him or her immediately before the establishment day in relation to the grant of such benefits.

• (10) Any period of service by a person as a member of the staff of a dissolved body that was a period of pensionable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the dissolved body shall, in respect of a person who becomes a member of the staff of the Authority under section 21, be regarded as a period of pensionable service for the purpose of any scheme under subsection (1).

23. Accounts.

23.— (1) The Authority shall keep, in such form as the Minister may approve, all proper and usual accounts and records of all moneys received or expended by it.

• (2) The Authority shall each year submit accounts kept pursuant to subsection (1), to the extent directed by the Comptroller and Auditor General, for audit to the Comptroller and Auditor General by such date as the Comptroller and Auditor General may from time to time direct.

• (3) Immediately after the audit referred to in subsection (2), the Authority shall present to the Minister a copy of—

• (a) the accounts, and

• (b) the report of the Comptroller and Auditor General on the accounts.

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

24. Strategy statement.

24.— (1) The Authority shall, as soon as practicable after the establishment day, and not earlier than 6 months before and not later than 3 months before each third anniversary of the establishment day, prepare and submit to the Minister a strategy statement for the following 3 year period.

• (2) A strategy statement shall specify—

• (a) the objectives of the Authority for the 3 year period concerned and the strategies for achieving those objectives, and

• (b) the uses to which the Authority proposes to apply its resources.

• (3) When preparing the strategy statement, the Authority may consult with any persons it considers appropriate.

• (4) A strategy statement prepared by the Authority under subsection (1) shall be in such form as the Authority thinks appropriate.

• (5) The Authority shall publish the strategy statement on the internet.

25. Annual Report.

25.— (1) The Authority shall, not later than 30 June in each year, prepare and submit to the Minister a report of its activities in the immediately preceding year, and the Minister shall, as soon as practicable after receiving the report, cause a copy of the report to be laid before each House of the Oireachtas.

• (2) The Authority shall arrange for a report, laid before both Houses of the Oireachtas in accordance with subsection (1), to be published on the internet as soon as practicable after copies of the report are so laid.

26. Gifts to Authority.

26.— (1) Subject to subsections (2) and (3), the Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, accept gifts of money, land or other property.

• (2) Where the donor of a gift specifies a trust or condition attaching to a gift, the Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, accept the gift subject to the trust or condition.

• (3) The Authority shall not accept a gift if the trust or condition attached to it by the donor is, in the opinion of the Authority, inconsistent with or likely to prejudice the Authority’s operational independence or the effective performance of its functions.

• (4) The Authority shall include details of any gift that exceeds an amount, specified by the Minister with the consent of the Minister for Public Expenditure and Reform, in the next report prepared under section 25 after the gift is accepted.

• (5) In subsection (4) “details” means—

• (a) the name and address of the donor of the gift,

• (b) a description of the gift, and

• (c) particulars of any trust or condition attached to the gift.

PART 3 Quality Assurance

27. Quality assurance.

27.— (1) The Authority shall, as soon as practicable after the establishment day—

• (a) issue guidelines (in this section referred to as “quality assurance guidelines”) for the establishment of procedures for quality assurance under section 28, and

• (b) establish procedures (in this section referred to as “effectiveness review procedures”) for review by the Authority of the effectiveness of—

• (i) the procedures for quality assurance established by relevant providers, and

• (ii) the implementation of those procedures by relevant providers,

• (c) having consulted with the National University of Ireland, issue guidelines for the establishment of procedures by the National University of Ireland under section 32(2), and

• (d) having consulted with the National University of Ireland, establish procedures for review by the Authority of the effectiveness of—

• (i) procedures for review established by the National University of Ireland under section 32(2), and

• (ii) the implementation of those procedures for review by the National University of Ireland.

• F12[(1A) As soon as practicable after the commencement of section 7 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, the Authority shall issue guidelines for the establishment of procedures by listed awarding bodies under section 55F(2).

• (1B) The power under this section of the Authority—

• (a) to issue quality assurance guidelines, or any other guidelines, and

• (b) to establish effectiveness review procedures, or any other procedures,

includes, respectively, the power of the Authority to amend any of the foregoing guidelines, or issue guidelines to replace existing such guidelines, and the power of the Authority to amend any of the foregoing procedures, or establish procedures to replace existing such procedures.

• (1C) In consequence of what is provided in the preceding subsection, a reference in this section to "issue" or "issuing", in respect of guidelines, or "establish" or "establishing", in respect of procedures, includes a reference, as the case may be—

• (a) to "amend" or to "amending", or

• (b) to do, or to the doing of, the act of issuing or establishing, as appropriate, guidelines or procedures by way of replacement of existing guidelines or procedures.]

• (2) The Authority shall consult with relevant providers and linked providers before issuing quality assurance guidelines.

• (3) The Authority shall consult with relevant providers before establishing effectiveness review procedures.

• (4) Where—

• (a) quality assurance guidelines and effectiveness review procedures apply to providers, and

• (b) any or all of those providers are F13[designated institutions of higher education],

the Authority shall consult with An tÚdarás um Ard-Oideachas before issuing those guidelines and establishing those review procedures.

• F12[(4A) Where—

• (a) quality assurance guidelines and effectiveness review procedures apply to providers, and

• (b) any or all of those providers are education and training boards or other bodies engaged in the provision of further education and training programmes, to whom moneys have been advanced under section 21 of the Further Education and Training Act 2013,

the Authority shall consult with Solas before issuing those guidelines and establishing those review procedures.]

• (5) The Authority may consult with an awarding body before issuing quality assurance guidelines and establishing effectiveness review procedures where—

• (a) the quality assurance guidelines and effectiveness review procedures apply to a provider of a programme of education and training, and

• (b) successful completion of that programme of education and training of that provider leads to a joint award of the Authority and the awarding body under a joint awarding arrangement.

• F14[(6) The Authority may—

• (a) issue different quality assurance guidelines for different relevant, linked or associated providers, or groups of relevant, linked or associated providers,

• (b) issue different quality assurance guidelines for different classes of programmes or different types of provision, and

• (c) establish different effectiveness review procedures for different relevant, linked or associated providers or groups of relevant, linked or associated providers.]

• (7) The Authority shall publish the quality assurance guidelines and effectiveness review procedures in such form and manner as it thinks appropriate (including on the internet).

28. Obligation of providers to prepare quality assurance procedures.

28.— (1) Subject to sections 29, 30, 32 and 33, F15[each relevant provider, linked provider and associated provider shall establish procedures] for quality assurance for the purposes of establishing, ascertaining, maintaining and improving the quality of education, training, research and related services the provider provides.

• (2) F15[Each relevant provider, linked provider and associated provider] shall have regard to the guidelines issued by the Authority under section 27(1)(a) in establishing procedures under subsection (1).

F16[(2A)The quality assurance procedures established by a relevant provider, linked provider or associated provider to satisfy the provisions of section 33, 44(8) or 61(6), as appropriate, shall be for the purpose of further improving and maintaining the quality of education and training provided, organised or procured by that provider, being—

• (a) education and training that lead to one or more awards that are awards included within the Framework, or

• (b) English language education and training, the programme in respect of which the provider is authorised, under section 61(7), to use the international education mark.

• (2B) Programmes of education to which section 13(3) of the Education Act 1998 applies shall not be subject to the procedures established under this section.]

• F15[(3) Procedures under subsection (1) shall be established—

• (a) as soon as practicable after the issue of guidelines by the Authority under section 27(1)(a), and

• (b) in addition to what is provided in paragraph (a), in the following cases at such other time or times:

• (i) subject to subparagraphs (ii) to (iv), by a relevant provider, linked provider or associated provider where the relevant provider, linked provider or associated provider, as the case may be, thinks appropriate;

• (ii) in the case of a relevant provider, by the relevant provider where the Authority directs it to do so;

• (iii) in the case of a linked provider, by the linked provider where the relevant designated awarding body directs it to do so;

• (iv) in the case of an associated provider, by the associated provider where the relevant listed awarding body directs it to do so,

and, in the case of a direction under subparagraph (ii), (iii) or (iv), the procedures shall be established in compliance with the direction within such period as the Authority or, as the case may be, the other body giving the direction determines and specifies in the direction in that behalf.]

• (4) Procedures under subsection (1) shall include procedures for—

• (a) evaluation, subject to subsection (5), from time to time as the provider thinks appropriate, by the provider and by enrolled or formerly enrolled learners of the education, training, research and related services provided by that provider,

• (b) review by the provider of the F15[implementation] of the quality assurance procedures,

• (c) preparation of a report by the provider setting out—

• (i) the results of a review carried out under paragraph (b),

• (ii) what measures (if any) the provider considers necessary arising out of that review to establish, ascertain, maintain and improve the quality of education, training, research and related services provided by the provider,

• (d) furnishing the report to the Authority, and, in the case of a linked provider, also to the relevant designated awarding body concerned,

• (e) publication of the report, and

• (f) implementation of the measures (if any) referred to in paragraph (c)(ii).

• (5) Procedures for an evaluation by a provider under subsection (4)(a) shall provide for an evaluation to be completed at least once every 7 years after the issue of guidelines under section 27(1)(a) and—

• (a) in the case of a relevant provider, whenever the Authority so directs, or

• (b) in the case of a linked provider, whenever the relevant designated awarding body so directs.

• (6) A relevant provider or linked provider who organises or procures a programme of education and training which is provided, wholly or partly, by another person shall, in so far as the procedures to be established by the relevant provider or linked provider under subsection (1) relate to that part of the programme provided by that person, agree those procedures with that person.

• (7) Subsection (1) shall not apply to a person referred to in subsection (6) where the person is a relevant provider or a linked provider in so far as—

• (a) procedures have been agreed under subsection (6) between the person and the relevant provider or the linked provider who organises or procures the programme, and

• (b) those procedures relate to that part of the programme provided by that person.

29. Quality assurance procedures and previously established universities.

29.— A previously established university shall—

• (a) consult with the Authority before establishing procedures under section 28,

• (b) provide a copy of the procedures established by it under section 28 to the Authority and publish those procedures on the internet as soon as practicable thereafter, and

• (c) implement procedures published by it under this section.

29A. F17[Condition precedent for provisions of Act to be invoked by specified providers - criteria specified in regulations to be met

29A.— (1) A specified provider, other than a provider referred to in section 65(6), shall demonstrate to the Authority that it meets the criteria specified in regulations under section 29B(1) in any of the following cases, namely:

• (a) a case in which the provider invokes, for the first time, any provision of this Act;

• (b) a case in which—

• (i) the provider who, having invoked (whether before, on or after the operative date) any provision of this Act, subsequently invokes any provision of this Act, and

• (ii) the Authority, in its discretion, on that provision being invoked by the provider, requests the provider to demonstrate to the Authority that it meets those criteria;

• (c) a case in which the Authority—

• (i) takes any action (including by way of review of any matter) authorised or required by this Act to be taken in respect of the provider, and

• (ii) for the purpose of such action, in its discretion, requests the provider to demonstrate to the Authority that it meets those criteria,

and—

• (i) this section applies notwithstanding any other provision of this Act, and

• (ii) subsections (4) and (5) of section 29C supplement this section by requiring the Authority to do (or not to do) one or more things in cases in which a failure to demonstrate that those criteria are met occurs or in which those criteria cease to be met.

• (2) For the purposes of this section, a provision of this Act is invoked if—

• (a) an application under a provision of this Act, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is made, or

• (b) subject to subsection (4), any step, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is taken by the provider on the basis that the conditions specified by or under this Act for the taking of the step are satisfied.

• (3) In this section and sections 29B and 29C—

• (a) "specified provider" means—

• (i) a relevant provider,

• (ii) a listed awarding body (so far as it is does not otherwise fall within this definition by virtue of subparagraph (i)), and

• (iii) an associated provider, or a linked provider, that offers, for reward, a programme of education and training leading to an award that is an award included within the Framework,

and the reference in this paragraph to a relevant provider includes a reference to a person who will fall within the definition of that expression in section 2(1) on the doing of the one or more things, specified in the relevant paragraph of that definition, the doing of which constitute the person as a relevant provider;

• (b) a reference to—

• (i) a specified provider demonstrating to the Authority that it meets the criteria specified in regulations under section 29B(1), or

• (ii) such a provider meeting, or not meeting, those criteria or ceasing to meet them,

shall, where regulations made under subsection (1) of section 29B provide for what are referred to in subsection (3) of that section as related criteria in respect of a specified provider, be deemed to include a reference to—

• (I) a specified provider demonstrating to the Authority that those related criteria are met in respect of it, or

• (II) where the context requires, those related criteria being met, not being met or ceasing to be met in respect of it,

as the case may be;

• (c) a reference to provision of a programme of education and training or otherwise includes a reference to authorisation to use the international education mark; and

• (d) "operative date" means the date of commencement of section 9 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019.

• (4) Subsection (2)(b) does not apply to a provider referred to in subsection (1)(b) where, by reason of its previous invocation (as mentioned in subsection (1)(b)), of a provision of this Act, the conditions specified by or under this Act for the taking of the particular step concerned are satisfied.]

29B. F18[Regulations specifying criteria concerning capacity and capability of providers and related criteria

29B.— (1) The Minister shall, as soon as practicable after the operative date, make regulations specifying the criteria that (in the case of a specified provider that meets the criteria) will, in the Minister’s opinion, afford a reasonable assurance to the Authority that the specified provider has the capacity and capability to—

• (a) implement quality assurance procedures, and

• (b) provide programmes of education and training consistent with the requirements of this Act,

and criteria specified in regulations made under this subsection are referred to subsequently in this section as "the relevant criteria".

• (2) The relevant criteria may include—

• (a) criteria as to the specified provider being a fit and proper person to provide programmes of education and training,

• (b) criteria related to the possession of a particular legal personality by the specified provider, the possession by it of adequate financial resources to ensure the viability of its business and the securing by it of arrangements to ensure its good corporate governance, and

• (c) criteria related to the compliance by the specified provider with any enactment or instrument under an enactment (including any enactment or such an instrument passed or made after the operative date) imposing obligations on employers with respect to their employees or making provision in relation to any such obligations.

• (3) With prejudice to subsection (2)(a), the relevant criteria, in the case of a specified provider that is a body corporate or an unincorporated body of persons, may include the following related criteria in respect of it, that is to say criteria as to every person who falls in the description contained in paragraph (a) or (b) (in his or her capacity as described therein) being a fit and proper person, namely:

• (a) a director of the provider or other person holding a position on its board of management or, where the affairs of the provider are managed by its members, each member of it;

• (b) a person employed by the provider whose duties include making decisions that, to a significant extent, could affect the management of the provider.

• (4) A specified provider may request, in writing, the Authority to make a determination as to whether or not, at the date of the request, the provider meets the relevant criteria and a request under this subsection shall be accompanied by the payment by the requester of such fee (if any) as may be determined by the Authority under section 80.

• (5) As soon as may be after the making of a request under and in accordance with subsection (4), the Authority shall consider the request and, for that purpose, may require the requester to submit to it such information and documents as it may reasonably require; on completion of its consideration of the request the Authority shall make a determination as to whether or not, at the date concerned, the requester meets the relevant criteria and shall notify the requester of the determination.

• (6) A provider who knowingly makes to the Authority, on foot of a requirement made of it by the Authority under subsection (5), a statement which is false or misleading in a material respect commits an offence.

• (7) Nothing in this section or section 29C shall be construed as being applicable to a provider specified in section 65(6).]

29C. F19[Supplemental provisions in relation to sections 29A and 29B (including provision for refusals of applications, etc., where relevant criteria not shown to be met)

29C.— (1) In this section "relevant criteria" means criteria specified in regulations made under section 29B(1).

• (2) Where a material change occurs in relation to a specified provider that could reasonably be said to affect its ability to continue to meet the relevant criteria, the provider shall notify the Authority immediately of the change.

• (3) Without prejudice to section 29B(4), the Authority may, at any time, require a specified provider to demonstrate that it continues to meet the relevant criteria.

• (4) If, by virtue of section 29A(1), a requirement to demonstrate that the relevant criteria are met falls on a specified provider in consequence of an application that the provider has made under this Act, and, in the opinion of the Authority, the provider has failed to demonstrate that the provider meets those criteria, the Authority shall refuse the application and the provision that is made by this Act for an appeal to be taken where an application of the type concerned is refused on any ground specified in the provision shall be construed and operate so as to enable the provider to appeal, under that provision, the first mentioned refusal.

• (5) If, in the opinion of the Authority, a specified provider has ceased to meet the relevant criteria, the Authority shall withdraw—

• (a) its approval, in respect of the provider, of the procedures established under section 28,

• (b) validation of any programmes of education and training of the specified provider which the Authority has validated under section 45,

• (c) any authority to make awards delegated to the specified provider under section 53, and

• (d) authorisation to use the international education mark where the specified provider is authorised to use the international education mark under section 61.

• (6) However the steps that this Act requires be first taken where a withdrawal, under another provision of this Act, of approval, validation or other such matter in respect of a foregoing thing is proposed to be effected shall, also, be first taken where such a withdrawal under subsection (5) in respect of the thing concerned is proposed to be effected.

• (7) The provision that is made by this Act for an appeal to be taken where an approval, validation or other such matter is withdrawn in respect of a foregoing thing, on any ground specified in that provision, shall be construed and operate so as to enable the specified provider to appeal, under that provision, such a withdrawal under subsection (5) in respect of the thing concerned.]

30. Quality assurance procedures and relevant providers, other than previously established universities.

30.—F20[(1) Before establishing procedures under section 28 (being the first occasion of the relevant provider establishing such procedures) a relevant provider shall submit a draft of the proposed procedures to the Authority for approval, accompanied by such fee (if any) as may be determined by the Authority under section 80, but this subsection does not apply to a previously established university.]

• F21[(1A) Where a relevant provider has established procedures under section 28 (being the first occasion of such procedures having been established by it), procedures that, subsequent to that occasion, are proposed to be established by it under that section do not require approval under this section. However, the Authority may evaluate any subsequent such procedures with respect to their suitability in the course of considering or conducting, as appropriate—

• (a) an application for validation of a programme of education and training under section 44(5),

• (b) a review of a programme of education and training under section 46,

• (c) a request for delegation of authority to make an award under section 52,

• (d) an application for authorisation to use the international education mark under section 61(3), or

• (e) a review under section 34.]

• (2) Upon consideration of the proposed procedures submitted to it under subsection (1), the Authority may—

• (a) approve the proposed procedures,

• (b) refuse to approve the proposed procedures but make such recommendations to the provider as it thinks appropriate, or

• (c) in accordance with section 31, refuse to approve the proposed procedures.

• (3) Where the Authority approves procedures under subsection (2)(a), the provider shall publish those procedures in such form and manner (including on the internet) as the Authority directs and shall provide a copy of the procedures as published to the Authority.

• (4) The Authority may, as it thinks appropriate, determine the form and manner of the publication of procedures under subsection (3).

• (5) Where the Authority makes recommendations under subsection (2)(b) the provider concerned shall take account of those recommendations before resubmitting the proposed procedures for approval under subsection (1).

• (6) No further fee is payable where a provider resubmits proposed procedures in accordance with subsection (5).

• (7) A provider shall implement procedures approved under this section.

• (8) A provider who falsely claims or represents that its procedures for quality assurance have been approved by the Authority under this section commits an offence.

• F21[(9) The Authority may impose conditions, in relation to quality assurance, on a relevant provider whose procedures it has approved under this section and the provider shall comply with those conditions.]

31. Refusal by Authority to approve proposed quality assurance procedures.

31.— (1) Where upon consideration by the Authority of a draft of any proposed procedures submitted to it under section 30 for approval the Authority considers that it should refuse to approve the proposed procedures the Authority shall, by notice in writing, inform the provider concerned that it proposes to refuse to give its approval and state the reasons for the proposed refusal.

• (2) The notice under subsection (1) shall state that the provider may submit observations in writing to the Authority in relation to the reasons for the proposed refusal set out in the notice not later than one month after the service of the notice on the provider.

• (3) Where, after consideration of any observations submitted to the Authority under subsection (2), the Authority considers that it should refuse to approve the proposed procedures, it may do so by notice in writing addressed to the provider.