Qualifications and Quality Assurance (Education and Training) Act 2012

and (in either case) in respect of which programme the provider has accepted moneys from or on behalf of learners, the occurrence of the following circumstances namely—

(i) the provider does not provide the programme for any reason, including by reason of the insolvency or winding up of the provider, or

(ii) enrolled learners have begun but not completed the programme and the provider ceases to provide the programme before that programme is completed for any reason, including by reason of the insolvency or winding up of the provider.

(3) Without prejudice to the generality of the definition of "protected programme default event" insubsection (2)- in the case of a programme of education and training leading to an award that is an award included within the Framework - a provider shall, for the purposes of that definition, be taken to have ceased to provide that programme if—

(a) the Authority withdraws validation of that programme, or

(b) a relevant awarding body, including an awarding body with awards included within the Framework, indicates that it is no longer willing to make that award in respect of that programme.]

65. F66[ Obligation of certain providers to pay annual charge into Learner Protection Fund

65.—(1) Subject tosubsections (6)and(7), if—

(a) a relevant provider, an associated provider or a linked provider (each of which is referred to subsequently in this section as an "obligated provider") offers, for reward, a programme of education and training leading to an award that is an award included within the Framework, or

(b) a provider offers, for reward, an English language programme (and such a provider is also referred to subsequently in this section as an "obligated provider"),

it shall, in each year, pay into the Learner Protection Fund, such amount (referred to subsequently in this Part as the "annual charge") as is prescribed undersection 66A(1).

(2) Subject tosubsection (3), the annual charge shall be paid into the Learner Protection Fund prior to the commencement of provision by the obligated provider of the programme concerned and prior to the acceptance by it of any payments by or on behalf of any learners for enrolment on that programme.

(3) The Authority may, in its discretion, determine that the annual charge, to be paid into the Learner Protection Fund by a class of obligated provider specified in the determination, shall be so paid by such a provider not later than a time that is specified by the Authority in the determination, being a time that falls after either event referred to insubsection (2), and such a provider shall, accordingly, pay the annual charge into the foregoing Fund no later than the time so specified.

(4) References in this section and subsequent provisions of this Part to the payment into the Learner Protection Fund of the annual charge shall be construed as references to the payment of that charge to the Authority for the purpose of the Authority remitting the charge to that Fund (and any such charge so paid to the Authority shall be remitted by it to that Fund accordingly).

(5) The Authority may require an obligated provider who is liable to pay the annual charge to provide any information that is relevant to determining the amount of the charge.

(6)Subsection (1)shall not apply to a provider of a programme of education and training if the provider is—

(a) a previously established university,

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

(c) a technological university,

(d) the Dublin Institute of Technology,

(e) an Institute of Technology,

(f) an educational institution designated under section 5 (inserted bysection 52(e) of theInstitutes of Technology Act 2006) of theHigher Education Authority Act 1971as an institution of higher education for the purposes of that Act,

(g) Solas,

(h) the National Tourism Development Authority,

(i) Teagasc,

(j) An Bord Iascaigh Mhara,

(k) an education and training board or an institution established and maintained by an education and training board,

(l) the Institute of Public Administration,

(m) a recognised school,

(n) the Royal College of Surgeons in Ireland,

(o) the Royal Irish Academy of Music,

(p) Mary Immaculate College,

(q) Marino Institute of Education, or

(r) a body established—

(i) by or under an enactment (other than theCompanies Act 2014or a former enactment relating to companies within the meaning of section 5 of that Act), or

(ii) under theCompanies Act 2014(or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government.

(7) If a provider referred to insubsection (1)ceases to provide, for reward, a programme referred to inparagraph (a)or(b)of that subsection, that subsection shall—

(a) beginning with the year following the year in which the programme ceases to be so provided, and

(b) in each year thereafter,

provided there is not a resumption by the provider of the doing of the thing referred to in that subsection (whether in respect of the same programme or another programme falling withinparagraph (a)or(b)of it), cease to apply to the provider.

(8) Where an obligated provider receives moneys, more than 40 days before the commencement of the provision by it of a programme referred to insubsection (1), from or on behalf of a learner in respect of that programme, the obligated provider shall establish an account with the holder of a licence (within the meaning of theCentral Bank Act 1971) into which account it shall pay those moneys, and in respect of which account the provider ensures that an arrangement in writing, entered into between it and that holder (the "institution"), of the kind referred to insubsection (9)applies.

(9) The arrangement referred to insubsection (8)is that the account concerned will operate by way of escrow and with the following incidents, that is to say—

(a) the moneys concerned may not be drawn upon by the obligated provider unless and until the institution receives a written notification from the provider which contains a statement by the provider (accompanied by proof that, in the opinion of the institution, will enable the statement to be verified by it) that the programme concerned has commenced, and

(b) in the event of the programme not being commenced, for any reason, the institution shall permit—

(i) unlesssubparagraph (ii)applies, the whole of the moneys concerned, or

(ii) such amount of the moneys concerned as remains after deduction, in the institution’s favour, of any charges for the making of the arrangement referred to insubsection (8)that have been agreed between the obligated provider and institution,

to be drawn upon by the learner (or another acting on the learner’s behalf), and only the learner or another so acting, by way of refund or, as the case may be, partial refund.]

65A. F67[Existing enrolled learner protection arrangements - status and period for which such arrangements shall continue to have effect

65A.—(1) In this section—

"previoussection 65" meanssection 65as it stood enacted before the relevant commencement;

"relevant commencement" means the date of commencement of section 29 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019;

"relevant substitution" means the amendment, effected by section 29 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, in so far as it consists of the substitution, for the previoussection 65, of asection 65.

(2) Subject tosubsection (3), any arrangements put in place under the previoussection 65by a provider (and subsisting immediately before the relevant commencement) shall, notwithstanding the relevant substitution, continue in being.

(3) On the expiration of 3 years from the relevant commencement or such earlier date as may be appointed by order made by the Minister undersubsection (4), the arrangements referred to insubsection (2)shall cease to have effect.

(4) The Minister, after consultation with the Authority, may, by order, appoint a date (earlier than the expiration of the period of 3 years referred to in that subsection) for the purposes ofsubsection (3)and different such dates may be appointed by an order or orders made under this subsection by the Minister in relation to different classes of provider specified in the order or orders.]

66. F68[Protection of Enrolled Learners Fund

66.—(1) The Authority shall, in accordance with the requirements undersubsection (2), establish, maintain and operate a fund which shall be known as the "Protection of Enrolled Learners Fund" and is in this Act referred to as the "Learner Protection Fund".

(2) Requirements shall be prescribed by the Minister, with the consent of the Minister for Public Expenditure and Reform, in relation to the establishment, maintenance and operation of the Learner Protection Fund. Requirements so prescribed may include requirements with respect to the exercise by the Authority of the power of defrayment (from moneys standing to the credit of the Learner Protection Fund) undersubsection (3)(a)and(b).

(3) In the case of a protected programme default event, moneys standing to the credit of the Learner Protection Fund may be used by the Authority to—

(a) defray the costs that will be incurred in the completion by the enrolled learner of the programme, the subject of that event (the "relevant programme"), where such completion is possible,

(b) defray the payment of the fees required for the transfer of an enrolled learner onto a programme of another provider that is similar to the relevant programme,

(c) if the Authority concurs with a submission in writing to it made by the enrolled learner (or another acting on the learner’s behalf) to the effect that compliance withparagraph (a)or(b)is not practicable in the particular case, refund to an enrolled learner, or to the person who paid the moneys on behalf of the enrolled learner, the moneys most recently paid in respect of the relevant programme, including, where payment in respect of such a period has been made, in respect of the current academic year.

(4) Insubsection (3)(c)"moneys" includes tuition fees, registration fees, examination fees, library fees, student services fees and any other fees paid by or on behalf of the learner to the provider (or any intermediary of it) in respect of enrolment on the relevant programme and which relate to the provision of education, training and related services.

(5) Where—

(a) a protected programme default event occurs, and

(b) to the extent that the steps the Authority is authorised to take under subsection (3) would not result (or, if such steps have been taken by it, have not resulted) in a similar outcome for the learner concerned,

the Authority shall make all reasonable efforts for the purpose specified insubsection (6)to ensure that an alternative programme of education, provided by another provider, is made available to each learner enrolled on the relevant programme.

(6) The purpose referred to insubsection (5)is to ensure that the learner may have a reasonable opportunity to complete a programme of education and training similar to that commenced with the original provider.

(7) The Authority may, for the purposes of defrayments (from moneys standing to the credit of the Learner Protection Fund) that are referred to insubsection (3)(b), establish criteria by reference to which it shall determine whether a particular programme is a similar one to the relevant programme concerned. The Authority shall publish the criteria so established by it in such form and manner as it thinks appropriate (including on the internet).

(8) The amount of any defrayment or refund (from moneys standing to the credit of the Learner Protection Fund) undersubsection (3), in relation to a protected programme default event, may be recovered from the provider of the relevant programme by the Authority as a simple contract debt in any court of competent jurisdiction.

(9) Any amount recovered by the Authority undersubsection (8)shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(10) In addition to what is provided in the preceding subsections concerning payments from the Learner Protection Fund, the Authority—

(a) may pay from moneys standing to the credit of the Fund such sums as it thinks appropriate to defray expenses incurred by it in the establishment, maintenance or operation of the Fund or incurred by it on the occasion of the performance by it of any other function under this Act, the performance of which, on the occasion concerned, the Authority is satisfied was, lawfully, for the purpose of the protection of enrolled learners (whether in general or in particular), and

(b) shall pay to the Minister from moneys standing to the credit of the Fund, upon the Minister giving a direction in that behalf, such sums as the Minister considers appropriate and specifies in the direction for the purpose of repaying sums paid into the Fund undersection 66A(4)(and moneys received by the Minister under this paragraph shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine).

(11) The Authority shall not later than 31 March in each year prepare and publish, in such form and manner as it considers appropriate, a report in respect of operation of the Learner Protection Fund during the preceding year and, in particular, in respect of the exercise, during that year, by the Authority of the power of defrayment or refund (from moneys standing to the credit of that Fund) undersubsection (3).

(12) If the date of the establishment undersubsection (1)of the Learner Protection Fund falls in the period from 1 October to the following 31 December, the first report undersubsection (11)shall be prepared and published not later than the 31 March in the second year following the year in which that date of establishment day falls and shall relate to that last-mentioned year and the following year.

(13) The Authority shall furnish a copy of a report undersubsection (11)to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

(14) No information shall be included in a report undersubsection (11)that could reasonably lead to the disclosure of the identity of any learner nor (in respect of a case of a refund dealt with in the report and which refund has been made to the person who paid the original moneys concerned on behalf of a learner) the identity of any other such person.

(15) On the expiry of 5 years after the date of the establishment undersubsection (1)of the Learner Protection Fund, and on every 5th anniversary thereafter, the Authority shall conduct a review of the operation of that Fund and in conducting that review shall invite, and have regard to, submissions from obligated providers in relation to that Fund’s operation and the matters specified insubsection (16)relating to the annual charge.

(16) A review undersubsection (15)shall extend to the consideration by the Authority of the annual charge and the extent to which the provision made by this Part for such a charge, and the amount thereof as it stands prescribed for the time being, enable the giving of effective financial assistance to enrolled learners in the circumstances specified in this Part.

(17) The Authority shall prepare and publish a report setting out the results of a review undersubsection (15)andsubsections (13)and(14)shall apply to such a report as they apply to a report undersubsection (11).]

66A. F69[Regulations in relation to payment of annual charges into Learner Protection Fund and related matters

66A.—(1) The Minister shall prescribe the amount of the annual charge to be paid, undersubsection (1)ofsection 65, by each provider referred to in that subsection (in this section referred to as an "obligated provider").

(2) The Minister may prescribe a different amount undersubsection (1)in respect of different classes of obligated providers and different classes of programmes provided by obligated providers, and a class of programme may be defined in the regulations concerned by reference to the following matters:

(a) the number of learners enrolled on the programme;

(b) the number of international learners enrolled on the programme;

(c) the duration of the programme;

(d) the level of the fees charged in respect of the programme; or

(e) any other matter that the Minister considers to be relevant, having regard to the functions conferred on the Authority bysection 66(3)and(5)and the desirability of there being an adequate amount of moneys standing to credit of the Learner Protection Fund.

(3) In addition to the annual charge, there shall be payable by an obligated provider into the Learner Protection Fund such amount as is prescribed if the provider fails to pay into that Fund the annual charge by a date prescribed by reference to the requirement ofsubsection (2)or(3), as the case may be, ofsection 65; the reference in this subsection to the foregoing prescribed amount being payable into the Learner Protection Fund shall be construed as a reference to that amount being payable to the Authority for the purpose of the Authority remitting the amount to that Fund (and any such amount that is so payable to the Authority, and paid to it, shall be remitted by it to that Fund accordingly).

(4) The Minister, with the consent of the Minister for Public Expenditure and Reform, may pay into the Learner Protection Fund, out of moneys provided by the Oireachtas, such sums as the Minister thinks appropriate.

(5) Where default is made in payment of the amount of the annual charge or the amount referred to insubsection (3), the amount may be recovered from the obligated provider concerned by the Authority as a simple contract debt in any court of competent jurisdiction, and any amount recovered by the Authority under this subsection shall be remitted by it to the Learner Protection Fund.

(6) Where a protected programme default event occurs, the provider of the programme, the subject of that event, shall notify the Authority in writing of that event within 2 working days after that event’s occurrence.

(7) The notification undersubsection (6)shall include the following:

(a) details of the circumstances under which the provider has ceased to provide the programme;

(b) details of the learners enrolled on the programme;

(c) details of the programme that the provider has ceased to provide;

(d) an indication as to whether the provider intends to discharge its obligations by arranging for the learners enrolled on the programme to transfer to a similar programme provided by another provider at the expense of the provider, or the repayment of moneys most recently paid by or on behalf of the learners.

(8) References insubsection (7)to a programme having ceased to be provided by the provider shall be deemed to include references to each of the cases referred to insubsection (3)ofsection 64in which, by virtue of thatsubsection (3), a provider is to be taken, for the purposes of the related definition insubsection (2)of that section, to have ceased to provide a programme.

(9) At the time the provider gives the notification undersubsection (6)in relation to a protected programme default event, it shall also notify, in writing, the learners enrolled on the programme, the subject of that event, of that event.

(10) A notification given undersubsection (6)or(9)shall comply with any requirements prescribed by the Minister.

(11) If a provider of a programme (the "alternative programme") that is similar to the relevant programme referred to inparagraph (b)ofsection 66(3)offers a learner referred to in thatparagraph (b)a place on the alternative programme, the learner may accept the offer.

(12) Subject tosubsection (13), such an acceptance by the learner shall be in writing and be made within a period of 30 days from the date of the offer, after which time the offer shall be regarded as having lapsed.

(13) If the Authority considers that exceptional circumstances apply in a particular case,subsection (12)shall, with the assent of the provider of the alternative programme and the learner, have effect in that case with the substitution, for the period specified in that subsection, of such shorter or longer period than that period as the Authority determines.]

67. Obligation on providers to furnish information to enrolled learners.

67.— (1) A provider shall, before commencing a programme of education and training and before accepting any payment from or on behalf of an enrolled learner in respect of the programme, notify the enrolled learner in writing of the following:

(a) where completion of the programme by the learner and attainment by the learner of a specified standard of knowledge, skill or competence upon such completion entitles the learner to an award—

(i) the name of the awarding body or, where appropriate, awarding bodies making the award,

(ii) the title of the award, and

(iii) whether F70[the award is one that is included within the Framework], and if so—

F70[(I) the level at which the award is included within the Framework, and]

(II) whether the award is a Major, Minor, Special Purpose or Supplemental award as identified within the Framework;

(b) where completion of the programme by the learner and the attainment by the learner of a specified standard of knowledge, skill or competence upon such completion does not entitle the learner to an award, that fact;

(c) where the provider is required to have procedures for access, transfer and progression in place under section 56, a statement of how those procedures apply to that programme;

(d) where the provider is required to have arrangements in place under section 65, details of the arrangements the provider has in place under subsection (4) of that section.

(2) A provider to whom subsection (1)applies shall notify the enrolled learner in writing of any change in the information notified to the learner under subsection (1) within 14 days after becoming aware of that change.

(3) A provider who—

(a) fails to comply with subsection (1)or (2), or

(b) in purported compliance with subsection (1) or (2), provides an enrolled learner with information which is false or misleading in a material respect,

commits an offence.

PART 7 Appeals

68. Appeals Panel.

68.— (1) The Minister shall, as soon as practicable after the establishment day, establish an Appeals Panel and shall appoint at least 10 people with a special interest or expertise in, or knowledge of, education and training or the functions of the Authority (other than members of the Authority or staff of the Authority) to be members of that Panel.

(2) A person shall not be appointed to an Appeals Panel if he or she is a person to whom any of paragraphs (a)to (f) of subsection (10)is applicable.

(3) A member of the Appeals Panel shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister determines.

(4) The Minister shall appoint a chairperson of the Appeals Panel from among the members of the Appeals Panel.

(5) A member of the Appeals Panel whose term of membership of the Appeals Panel expires shall be eligible for reappointment as a member of the Panel.

(6) A member of the Appeals Panel is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(7) A member of the Appeals Panel may at any time resign from office by giving notice in writing to the Minister of his or her resignation.

(8) A resignation under subsection (7)takes effect on the day on which the Minister receives the notice.

(9) The Minister may at any time remove from office a member of the Appeals Panel if, in the opinion of the Minister—

(a) the member has become incapable through ill-health of effectively performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Minister to be necessary for the effective performance by the Appeals Panel of its functions.

(10) A member of the Appeals Panel shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence in relation to a company,

(e) is convicted of an offence involving fraud or dishonesty, or

(f) is the subject of an order under section 160 of the Companies Act 1990.

(11) If a member of the Appeals Panel dies, resigns, ceases to be qualified for office or is removed from office, the Minister may appoint a person to be a member of the Appeals Panel to fill the casual vacancy so occasioned.

(12) A person appointed to be a member of the Appeals Panel pursuant to subsection (11)—

(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

(b) is eligible for reappointment as a member of the Panel on the expiry of that period.

(13) The Appeals Panel is independent in the performance of its functions.

69. Determination of appeal by Appeals Board.

69.— (1) An appeal—

(a) shall be lodged with the Appeals Panel within the time provided for by procedures prescribed under section 70, and

(b) shall state the grounds for the appeal.

(2) An appeal shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(3) Upon receipt by the Appeals Panel of an appeal, an Appeals Board of 3 persons shall be appointed by the chairperson of the Appeals Panel from among the members of the Panel to determine the appeal.

(4) The chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Board and that chairperson shall regulate the procedure of the Board.

(5) An Appeals Board may refuse to hear an appeal where, in the opinion of the Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) An Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal.

(7) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the Appeals Board.

(8) An Appeals Board may adjourn the hearing by it of a matter until a date specified by it.

(9) A decision by a majority of the members of an Appeals Board shall suffice for any purpose.

(10) In determining an appeal, an Appeals Board may—

(a) affirm the decision of the Authority, or

(b) quash the decision of the Authority and direct the Authority, for stated reasons, to reconsider its decision.

(11) An Appeals Board shall communicate its determination under subsection (10), including the reasons under paragraph (b) of that subsection, to the provider who brings the appeal, the Authority and the Appeals Panel.

(12) The Authority shall comply with a direction given to it under subsection (10)(b).

(13) An Appeals Board is independent in the performance of its functions.

70. Appeal procedures.

70.— (1) Procedures shall be prescribed for the hearing and determination of the appeals provided for in this Act, following consultation with the Appeals Panel and the Authority, as soon as practicable after the appointment of the Appeals Panel.

(2) Different procedures may be prescribed under subsection (1)for appeals under different provisions.

(3) Without prejudice to the generality of subsection (1), procedures prescribed under this section may—

(a) specify the forms to be used for bringing an appeal,

(b) specify the time within which an appeal shall be brought after the date of the decision of the Authority that is being appealed,

(c) specify the time within which an appeal shall be heard,

(d) specify the information which shall be provided to the Appeals Panel,

(e) require specified notifications to be given in respect of the bringing of an appeal,

(f) specify the period within which the Appeals Board hearing the appeal shall, from the date of completion by it of a hearing or hearings in relation to an appeal, make its determination in relation to the matter.

PART 8 Dissolution of Bodies

71. Dissolution of National Qualifications Authority of Ireland, Higher Education and Training Awards Council and Further Education and Training Awards Council.

71.— (1) Subject to section 85, the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council and the Further Education and Training Awards Council (each of which is referred to in this Act as a “dissolved body”) are dissolved.

(2) References in any enactment (other than this Act) or instrument under an enactment, or in the memorandum or articles of association of any company or in any other legal document to a dissolved body, or a reference that is under section 33(2) of the Act of 1999 to be construed as a reference to a dissolved body, shall be construed as a reference to the Authority.

(3) This section shall come into operation on the establishment day.

72. Liability for loss occurring before establishment day.

72.— (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of the functions of a dissolved body shall on and after that day lie against the Authority and not against the dissolved body.

(2) Where immediately before the establishment day, any legal proceedings are pending in any court or tribunal to which a dissolved body is a party, the name of the Authority shall be substituted for that of the dissolved body and the proceedings shall not abate by reason of such substitution.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, then the terms of the agreement or judgment, as the case may be, shall, in so far as they would have been enforceable against a dissolved body, be enforceable against the Authority and not the dissolved body.

(4) Any claim made or proper to be made by a dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall on and after that day be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.

73. Transfer of land and other property to Authority.

73.— (1) On the establishment day, all lands that, immediately before that day, were vested in a dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Authority for all the estate and interest therein that, immediately before the establishment day was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and capable of being performed.

(2) On the establishment day all property (other than land), including choses-in-action, that, immediately before that day, was vested in a dissolved body shall stand vested in the Authority without any assignment.

(3) Every chose-in-action vested in the Authority by virtue of subsection (2) may, on and from the establishment day, be sued on, recovered or enforced by the Authority in its own name, and it shall not be necessary for the Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

74. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.

74.— (1) All rights and liabilities of a dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the establishment day shall on that day stand transferred to the Authority.

(2) Every right and liability transferred by subsection (1) to the Authority may, on and after the establishment day, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority to give notice of the transfer to the person whose right or liability is transferred by that subsection.

(3) Every lease, licence, wayleave or permission granted by a dissolved body in relation to land or other property vested in the Authority by or under this Act, and in force immediately before the establishment day, shall continue in force on and after that day as if granted by the Authority.

75. Provisions consequent upon transfer of assets and liabilities to Authority.

75.— (1) Anything commenced and not completed before the establishment day by or under the authority of a dissolved body may, in so far as it relates to a function transferred to the Authority under this Act, be carried on or completed on or after the establishment day by the Authority.

(2) Any money, stocks, shares or securities transferred by section 73 that immediately before the establishment day were standing in the name of a dissolved body shall, on the request of the Authority, be transferred into its name.

(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under section 73 or 74 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(4) A document which purports to be a certificate signed by the Minister referred to in subsection (3) shall be taken to be such a certificate unless the contrary is shown.

76. Records of dissolved bodies.

76.— Each record held by a dissolved body immediately before the establishment day is on that day transferred to the Authority and is, on and from that day, held by the Authority.

77. Final accounts and final report of dissolved bodies.

77.— (1) The Authority shall prepare, in respect of the period specified under subsection (3), final accounts for each dissolved body.

(2) The Authority shall submit the final accounts to the Comptroller and Auditor General for audit within 3 months of the establishment day.

(3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body concerned.

(4) The Authority shall prepare a final report for each dissolved body and shall submit the report to the Minister within 6 months of the establishment day.

(5) The Minister shall, as soon as may be after receiving a final report under subsection (4), cause copies of the report to be laid before each House of the Oireachtas.

(6) The Authority shall arrange for the final reports for each dissolved body to be published on the internet as soon as practicable after copies of the report are so laid.

PART 9 Miscellaneous Provisions

78. Register of providers.

78.— (1) The Authority shall establish and maintain a register to be known as the Register of Providers (in this Act referred to as the “register”).

(2) The Authority shall enter the information set out in subsection (3) in the register in respect of each provider—

(a) who is authorised to use the international education mark,

(b) who has arrangements in place in accordance with section 65.

(3) The information referred to in subsection (2) is—

(a) the provider’s name, address and contact details,

(b) whether the provider is authorised to use the international education mark,

(c) in the case of a provider with arrangements in place in accordance with section 65, in relation to each programme of education and training—

(i) the name of the programme provided, and

(ii) details of the arrangements the provider has in place under subsection (4) of that section.

(4) If a particular entered in the register is incorrect or has ceased to be correct, the provider to which the entry relates shall, as soon as may be after becoming aware of its being incorrect, inform the Authority accordingly.

(5) The Authority shall, upon becoming aware that any particular entered in the register is incorrect or has ceased to be correct, make such alterations to the register as it considers necessary.

(6) The Authority shall make the register available for inspection by members of the public at all reasonable times at its principal office and shall also publish the register on the internet.

79. Database.

79.— (1) The Authority shall establish and maintain a database providing information on—

F71[(a) awards that are awards included within the Framework,

(b) programmes of education and training which lead to awards that are awards included within the Framework, other than post-primary schooling leading to the sitting of the Junior Certificate or Leaving Certificate examination or any examination prescribed undersection 50(2) of theEducation Act 1998, and]

(c) any other programmes the Authority thinks appropriate.

(2) The database shall include the following information:

(a) F71[in relation to an award that is an award included within the Framework]—

(i) the name of the award,

(ii) the awarding body, or where appropriate, awarding bodies making the award,

F71[(iii) the level at which the award is included within the Framework for the time being, and

(iv) the award type and class of award as identified within the Framework for the time being;]

(b) in relation to a programme of education and training—

(i) the name of the provider of the programme,

(ii) the title of the programme,

(iii) the duration of the programme,

(iv) the award made if the programme is successfully completed,

(v) the awarding body, or where appropriate, awarding bodies making the award if the programme is successfully completed,

(vi) whether the award made in respect of F71[the programme is one that is included within the Framework], and if so—

(I) the level at which F71[the award is included within the Framework], and

F71[(II) the award type and class of award as identified within the Framework for the time being,]

(vii) where procedures for quality assurance have been established by a provider of the programme, the name of the person, other than that provider, who reviews those procedures, and

(viii) whether the provider of that programme is authorised to use the international education mark.

80. Fees.

80.— (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine the fees payable by a provider or a learner, as the case may be, to the Authority for—

F72[(a) a request undersection 29B(4),]

F73[(aa) the submission of quality assurance procedures to the Authority for approval undersection 30,]

(b) a review undertaken under section 34,

(c) the assistance of the Authority in carrying out a review at the request of a designated awarding body under section 37(3),

(d) a review under section 40,

(e) an application for validation of a programme or class of programme of education and training under section 44,

(f) a review under section 46,

(g) the making of an award by the Authority under section 50,

(h) an application under section 52(3),

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

(j) a review under section 54,

F73[(ja) an application undersection 55C(4),

(jb) the benefit of a decision undersection 55D,

(jc) the continuing benefit of a decision undersection 55D,

(jd) a review undersection 55G,]

(k) the submission of procedures for access, transfer and progression in relation to learners for approval under section 56,

(l) a review under section 57,

(m) an application for authorisation to use the international education mark under section 61,

(n) a review under section 63,

(o) lodging an appeal under section 69.

(2) The fees determined under subsection (1) shall be paid in the time and manner specified by the Authority.

(3) The Authority may, in relation to different applications, requests, submissions and reviews, or different classes of applications, requests, submissions and reviews, provide for—

(a) different fees,

(b) exemptions from the payment of fees in specified circumstances, and

(c) waivers, remissions or refunds (wholly or partly) of fees in specified circumstances.

(4) The Authority may, in providing for different fees, exemptions, waivers, remissions or refunds referred to in subsection (3), have regard to the amount and complexity of the work involved in considering the applications, requests, submissions and conducting reviews, taking into account the size of the provider concerned.

F72[(5) The Authority may provide for the payment of—

(a) reduced fees, under this section, having regard to the method of payment of the fees, and

(b) a single fee, under this section, in respect of the doing by it (or, as appropriate, the doing by another) of 2 or more things referred to insubsection (1), being a fee that is of a lower amount than the amount of the individual fees (when aggregated) that would otherwise be payable in respect of the doing of those 2 or more things.]

(6) The Authority shall arrange for the publication on the internet of fees payable as soon as practicable after the fees have been determined under subsection (1).

(7) The Authority may recover any amount due and owing to it under this section from the provider or learner, as the case may be, by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(8) The Authority may amend the fees determined under subsection (1) to take account of any change in the consumer price index since the determination of the fees for the time being in force, without the necessity for the consent of the Minister or the Minister for Public Expenditure and Reform under subsection (1).

(9) For the purposes of this section, “change in the consumer price index” means the difference between—

(a) the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the last determination under this section, and

(b) that Number last published before the date of the amendment under subsection (8),

expressed as a percentage of the first-mentioned number.

81. Provider not to be described as “institute of technology” or “regional technical college”.

81.— (1) The words “institute of technology” or “regional technical college” shall not, without the approval of the Minister, be used to describe a provider of a programme of education and training.

(2) Subsection (1) shall not apply to a provider of a programme of education and training where the provider was established and described as an “institute of technology” or “regional technical college” before 11 June 2001.

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

82. Charter of Institute of Technology.

82.— (1) An Institute of Technology to which authority to make an award has been delegated under section 53 shall have a charter.

(2) The Minister may make regulations for the purposes of specifying the matters to be included in a charter referred to in subsection (1).

(3) Without prejudice to the generality of subsection (2), regulations made under that subsection may specify all or any of the following:

(a) arrangements for consultation and co-operation with the community, including commercial and industrial interests in that community, in the region served by the Institute of Technology concerned;

(b) criteria for determining the level of demand for particular programmes of education and training;

(c) policy in respect of adult and continuing education and the arrangements established for the provision of such education, including part-time and evening programmes;

(d) arrangements for the implementation of procedures for access, transfer and progression in relation to learners approved by the Authority under section 56;

(e) arrangements for the promotion and use of the Irish language and the promotion of the distinctive cultures of Ireland;

(f) quality assurance procedures the Institute of Technology has in place for its programmes of education and training;

(g) any other matter which the Minister considers appropriate for the purposes of a charter.

(4) Regulations made under subsection (2) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of those regulations.

(5) In preparing a charter, the governing body of an Institute of Technology—

(a) shall consult with the Authority in such manner as the Authority directs,

(b) shall consult, in such manner as the governing body thinks appropriate, with the academic council, the academic staff and other staff of the Institute, any recognised trade union or staff association, and any recognised student union or other student representative body, and

(c) may consult with any other person which the governing body considers appropriate.

(6) The governing body of an Institute of Technology shall submit a draft of a charter to the Minister and request that the Minister recognise the charter.

(7) The Minister may, by order, recognise the charter submitted under subsection (6)where he or she is satisfied that the charter is not in conflict with this Act or with the Institutes of Technology Acts 1992 to 2006.

(8) An order made under subsection (7)shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the charter recognised by the order.

(9) The Minister shall consult with the relevant Institute of Technology before revoking an order made under subsection (7).

83. Service of documents.

83.— (1) A notice or other document that is required to be served on or given to a person under this Act may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, if the person has given an address for service, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if the person has given an address for service, to that address.

(2) Where the address at which a person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, the person in respect of any premises, the notice may be served by affixing it in a conspicuous position on or near the premises.

(3) 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.

(4) Subsection (2)shall not apply to a notice that is required to be served on or given to—

(a) the Authority,

(b) the Minister, or

(c) a learner under section 67.

(5) A person shall not at any time during the period of 3 months after a notice is affixed under subsection (2) remove, damage or deface the notice without lawful authority.

(6) A person who contravenes subsection (5) commits an offence.

(7) For the purpose of this section, a company shall be taken to be ordinarily resident at its registered office, and any other body corporate or unincorporated body of persons shall be taken to be ordinarily resident at its principal office or place of business.

PART 10 Transitional and Savings Provisions for Act of 1999 and Amendments of other Acts

84. Transitional and savings provision for Act of 1999.

84.— (1) F74[Subject tosubsections (1A)and(1B), where] a relevant provider, other than a previously established university, has established and agreed quality assurance procedures under section 18, 28, 39 or 42 of the Act of 1999, and those procedures were in force immediately before the coming into operation of section 28, then, on that coming into operation, those procedures shall continue in force as if they had been established under that section and this Act shall apply accordingly.

F75[(1A) The provision made bysubsection (1)for the continuance in force of the procedures referred to in that subsection shall, in relation to the procedures subsequently mentioned in this subsection, cease to apply (and, accordingly, those procedures shall no longer be taken to be in force as if they had been established undersection 28) in either—

(a) the following circumstances—

(i) a period of 3 years from the commencement of section 35 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 has expired, and

(ii) the relevant provider concerned has not, within that period, submitted a copy of the procedures to the Authority for approval undersection 30,

or

(b) the following circumstances—

(i) the relevant provider concerned has, within the foregoing period, done that which is referred to inparagraph (a)(ii), and

(ii) either—

(I) the Authority refuses to approve undersection 30the procedures submitted to it and the period prescribed undersection 70for lodging with the Appeals Panel, in accordance withsection 69, an appeal against that refusal has expired without such an appeal being so lodged, or

(II) the Authority refuses to approve undersection 30the procedures submitted to it, an appeal against that refusal has, in accordance withsection 69, been lodged with the Appeals Panel within the period so prescribed and an Appeals Board either affirms the decision of the Authority or directs it to reconsider its decision and, in the latter case, the Authority, on such reconsideration, again refuses to approve undersection 30the procedures submitted to it.

(1B) The provisions ofsection 30shall apply to a copy of procedures submitted to the Authority, as mentioned insubsection (1A), as they apply to a draft of proposed procedures referred to insubsection (1)ofsection 30that is submitted to the Authority.]

(2) Where a previously established university has established quality assurance procedures under section 35 of the Act of 1997, and those procedures were in force immediately before the coming into operation of section 28, then, on that coming into operation, those procedures shall continue in force as if they had been established under that section and this Act shall apply accordingly.

(3) A review under—

(a) section 18(4), section 28(4), section 39(4) or section 42(4) of the Act of 1999, or

(b) section 35(4) of the Act of 1997,

which is in the process of being conducted, shall, on the coming into operation of section 34,be a review for the purposes of that section and this Act shall apply accordingly.

(4) F74[Subject tosubsections (4A)to(4C), where] a programme of education and training has been validated by the Further Education and Training Awards Council or the Higher Education and Training Awards Council under section 15 or 25 of the Act of 1999, as the case may be, and that validation has not been withdrawn before the coming into operation of section 45, then on that coming into operation—

(a) the programme shall be taken to have been validated by the Authority under section 45, and

(b) any conditions imposed under subsection (4) of section 15 or subsection (4) of section 25, of the Act of 1999, shall be taken to be conditions imposed under section 45(2),

and this Act shall apply accordingly.

F75[(4A) On the making of a determination by the Authority undersubsection (4B),subsection (4)(a)shall continue to have effect in relation to a programme of education and training for the period that is specified in the determination and, subject tosubsections (4B)and(4C), for no longer (and, accordingly, that programme shall, subject to those subsections, no longer be taken to be validated by the Authority undersection 45on the expiry of such period).

(4B) For the purpose of limiting, subsequent to the commencement of section 35 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, the continued effect ofsubsection (4)(a)in relation to a programme of education and training, the Authority shall, on or after that commencement, determine the period (being a period that shall be specified in the determination and expressed to begin on the making of the determination) for whichsubsection (4)(a)shall continue to have effect in relation to a programme of education and training, butsubsection (4C)applies so as to provide that, in the circumstances specified in that subsection and in relation to the learner there referred to, a programme of education and training shall, for the purposes of this Act, be deemed to be validated notwithstanding the fact that the foregoing period has expired.

(4C) In circumstances in which a learner—

(a) is enrolled on a programme of education and training before the expiry of the period specified, in a determination undersubsection (4B), with respect to that programme, and

(b) completes, in accordance with its terms, that programme after that expiry,

that programme shall, in relation to that learner, be deemed to be validated for the purposes of this Act notwithstanding the expiry of the period so specified.]

(5) Where an application for validation of a programme of education and training has been made under section 15(1) or section 25(1) of the Act of 1999 but on the coming into operation of section 44 no decision has been made by the Further Education and Training Awards Council or the Higher Education and Training Awards Council in respect of the application, that application shall continue under section 44 and this Act shall apply accordingly.

(6) After the coming into operation of section 44,and until the Authority establishes the policies and criteria for the validation of programmes of education and training under that section, the policies and criteria for validation established under section 14(1)(a)(ii) or section 23(1)(a)(ii) of the Act of 1999, as the case may be, shall continue to apply in relation to an application for validation under section 44.

(7) A review under section 16 or 26 of the Act of 1999 which is in the process of being conducted, shall, on the coming into operation of section 46, be a review for the purposes of that section and this Act shall apply accordingly.

(8) A further education and training award made by the Further Education and Training Awards Council under section 14(1)(c) of the Act of 1999 before the coming into operation of section 50 shall, on the coming into operation of that section, be taken to be an award made by the Authority under that section.

(9) A higher education and training award made by the Higher Education and Training Awards Council under section 23(1)(c) of the Act of 1999 before the coming into operation of section 50 shall, on the coming into operation of that section, be taken to be an award made by the Authority under that section.

(10) After the coming into operation of section 50, and until the Authority in accordance with section 49(1) determines the standards of knowledge, skill or competence to be acquired, and where appropriate, demonstrated, by a learner before an award may be made by the Authority or by a provider to whom authority to make an award has been delegated, standards of knowledge, skill or competence to be acquired by a learner determined under section 14(1)(b) or section 23(1)(b)of the Act of 1999, as the case may be, shall continue to apply before an award may be made by the Authority under section 50 or by a provider to whom authority to make an award has been delegated.

(11) After the coming into operation of section 50, and until the Authority in accordance with subsection (1) of that section establishes policies and criteria for the making of awards by the Authority and a provider to whom authority to make an award has been delegated, policies and criteria for the making of awards established under section 14(1)(a)(i) or 23(1)(a)(i) of the Act of 1999, as the case may be, shall continue to apply to the making of an award by the Authority under section 50.

(12) Where authority to make a further education and training award or a higher education and training award has been delegated to a provider under section 19(5) or 29(5) of the Act of 1999 and—

(a) the authority has not been withdrawn under section 20 or section 30 of that Act as the case may be, or

(b) a decision to withdraw the authority has been overturned by the National Qualifications Authority of Ireland on appeal under the Act of 1999,

before the coming into operation of section 53, then, on that commencement—

(i) that authority shall be taken to have been delegated under section 53,

(ii) any conditions imposed under section 19, other than conditions referred to in paragraphs (a) to (d) of subsection (6) of that section, or section 29, other than conditions referred to in paragraphs (a) to (d) of subsection (6) of that section, of the Act of 1999 shall be taken to be conditions imposed by the Authority under section 53(4)(b), and

(iii) any conditions referred to in paragraphs (a) to (d) of subsection (6) of section 19, or in paragraphs (a) to (d) of subsection (6) of section 29, of the Act of 1999, shall be taken to be conditions imposed by the Authority under section 53(4)(a),

and this Act shall apply accordingly.

(13) Where a request has been made under section 19(1) or section 29(1) of the Act of 1999 for delegated authority to make an award but on the coming into operation of section 52no decision has been made by the Further Education and Training Awards Council or the Higher Education and Training Awards Council in respect of that request, that request shall be taken to be a request under section 52 and this Act shall apply accordingly.

(14) After the coming into operation of section 53, and until the Authority establishes procedures and criteria for the determination of a request for delegation of authority to make an education and training award, then—

(a) procedures agreed under section 19(4) and criteria determined under section 19(3) of the Act of 1999 shall apply to a request by a provider specified in paragraph (b), (c) or (d) of section 52(2), and

(b) procedures agreed under section 29(4) and criteria determined under section 29(3) of the Act of 1999 shall apply to a request by a provider specified in paragraph (a) of section 52(2),

except in so far as the procedures agreed under section 19(4) or 29(4), or the criteria determined under section 19(3) or 29(3), of the Act of 1999 may be inconsistent with this Act.

(15) After the coming into operation of section 56, and until the Authority establishes policies and criteria for access, transfer and progression of learners, a provider to whom that section applies shall establish procedures for access, transfer and progression of learners under subsection (2) of that section, in accordance with procedures established by the National Qualifications Authority of Ireland under section 8(2)(d) of the Act of 1999.

(16) A review under section 20 or 30 of the Act of 1999 which is in the process of being conducted, shall, on the coming into operation of section 54 be a review for the purposes of that section and this Act shall apply accordingly.

(17) After the coming into operation of section 54, and until the Authority establishes procedures for review under that section, procedures for review established under section 20(4) or under section 30(4) of the Act of 1999, as the case may be, shall apply to a review under section 54.

(18) A charter recognised under section 31 of the Act of 1999 that was in force immediately before the coming into operation of section 82shall be, on the coming into operation of that section, in so far as the charter does not conflict with this Act or the Institutes of Technology Acts 1992 to 2006, a charter recognised under section 82and this Act shall apply accordingly.

85. Transition for appeals under Act of 1999.

85.— (1) Notwithstanding the repeal of sections 17, 20, 27 and 30 of the Act of 1999 by section 6(1) an appeal commenced but not determined under—

(a) section 17(1),

(b) section 20(4),

(c) section 27(1), or

(d) section 30(4),

of the Act of 1999 shall, upon the repeal of those provisions, be continued under the Act of 1999 as if those provisions had not been repealed.

(2) Notwithstanding section 71—

(a) the National Qualifications Authority of Ireland shall continue in being for the purpose only of determining an appeal referred to in subsection (1), and

(b) the Further Education and Training Awards Council and the Higher Education and Training Awards Council shall continue in being for the purpose only of performing any function conferred on either of them by or under the Act of 1999 in relation to such an appeal.

(3) A decision of the National Qualifications Authority of Ireland upon the determination of an appeal referred to in subsection (1) shall take effect as if that decision were a decision of an Appeals Board under section 69 and this Act shall apply accordingly.

86. Amendments of other Acts.

86.— Each provision specified in column 3 of Schedule 3 of each Act specified in column 2 of that Schedule is amended in the manner specified in column 4 opposite the mention of that provision.