TECHNOLOGICAL UNIVERSITIES ACT 2018

An Act to provide for the establishment of technological universities; to provide for the functions and governance of technological universities; to provide for the dissolution, in certain circumstances, of institutes of technology and Dublin Institute of Technology and the transfer of their functions, assets, liabilities and staff to technological universities; to provide for the reform of the governing authorities, and investigation into the performance of functions, of institutes of technology and Dublin Institute of Technology; to provide for investigation into the performance of functions of the Institute for Advanced Studies and its Constituent Schools and the National College of Art and Design; to provide for the consequential amendment of certain enactments and to provide for related matters.

[19th March, 2018]

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 Technological Universities Act 2018.

• (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 different provisions.

2. Interpretation

2. In this Act—

“academic council” means, in relation to a technological university, the academic council under section 16;

“Act of 1940” means the Institute for Advanced Studies Act 1940;

“Act of 1971” means the National College of Art and Design Act 1971;

“Act of 1992” means the Regional Technical Colleges Act 1992;

“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;

“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012;

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“applicant college” has the meaning assigned to it by section 38;

F1[“applicant higher education provider” has the meaning assigned to it by section 44A;]

“applicant institutes” has the meaning assigned to it by section 29;

F2[“applicant technological university”—

• (a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38,

• (b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and

• (c) in any other provision of this Act, means a technological university to which paragraph (a) or (b) applies;];

F1["business and operation", in relation to a higher education provider, includes—

• (a) the programmes of education and training, and the programmes of research, provided by it,

• (b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled,

• (c) any property (other than land), including choses-in-action, owned by it or to which it is entitled,

• (d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff,

• (e) the members of its staff,

• (f) its body of students, and

• (g) the records and data held by it;]

“Director”, other than in the definition of “statutory body”, means, in relation to a college within the meaning of the Act of 1992, a person appointed under section 9 of that Act;

“education and training board” means an education and training board established under the Education and Training Boards Act 2013;

“education and training board area” has the meaning assigned to it by the Education and Training Boards Act 2013;

“enactment” means—

• (a) an Act of the Oireachtas,

• (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

• (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“Framework” means the National Framework of Qualifications kept and maintained by the Qualifications and Quality Assurance Authority of Ireland in accordance with section 43 of the Act of 2012;

“graduate” means a person on whom there has been conferred or who has been granted or given an educational award on successful completion of a programme of education and training at an institute or a technological university;

“governing body” means, as the case may be—

• (a) in so far as it relates to a technological university, the governing body established under Chapter 3 of Part 2,

• (b) in so far as it relates to the Dublin Institute of Technology, the Governing Body established under section 6 of the Dublin Institute of Technology Act 1992, or

• (c) in so far as it relates to a college within the meaning of section 2 of the Act of 1992, a governing body established under section 6 of the Act of 1992;

F1["higher education provider" means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;]

“institute” means—

• (a) the Dublin Institute of Technology, or

• (b) a college within the meaning of section 2 of the Act of 1992;

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“Minister” means Minister for Education and Skills;

“pensionable public servant” shall be construed in accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“president” means—

• (a) in relation to a technological university, the president appointed under section 13, or, as the case may be, section 56, and

• (b) in relation to the Dublin Institute of Technology, the President appointed under section 9 of the Dublin Institute of Technology Act 1992;

“programme of education and training” has the meaning assigned to it by section 2 of the Act of 2012;

“regulations of a technological university” has the meaning assigned to it by paragraph 12 of Schedule 1;

“statutory body” means—

• (a) a Minister of the Government,

• (b) a local authority,

• (c) a board, authority or other body established by or under an enactment other than the Companies Act 2014 or an existing company within the meaning of that Act, or

• (d) a company formed and registered under the Companies Act 2014, or an existing company within the meaning of that Act, in which all of the shares are held by or on behalf of or jointly with—

• (i) any Minister of the Government,

• (ii) directors appointed by any Minister of the Government, or

• (iii) a board, authority or other body referred to in paragraph (c),

and whose functions are conferred by or under an enactment;

“strategic development plan” has the meaning assigned to it by section 18;

“student”, in relation to an institute or technological university, means—

• (a) a person registered as a student by the institute or technological university, or

• (b) a full-time officer of the student union who was first elected to his or her office while he or she was registered as a student by the institute or technological university;

“student union”, in relation to an institute or technological university, means the student union or other student representative body recognised by the institute or technological university;

“technological university” means a technological university established by virtue of an order under section 36.

3. Orders

3. Where an order under F3[an order under section 36, 43 or 44F] is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

4. Expenses of Minister

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 monies provided by the Oireachtas.

5. Offences

5. (1) A person guilty of an offence under this Act shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or to both.

• (2) Where an offence under this Act is committed by a person who is a member of a governing body of a technological university, summary proceedings for the offence may be brought and prosecuted by the technological university.

6. Amendments and repeals consequent upon orders of Minister

6. (1) Other than where subsection (2) applies, on the day appointed by order under section 36 or 43, the First Schedule to the Act of 1992 is amended by the deletion from column 1 of, as the case may be, the names of the dissolved applicant institutes or the name of the applicant college specified in the order.

• (2) Where the Dublin Institute of Technology is specified in an order under section 36, or section 43, the following Acts are repealed on the day appointed by that order—

• (a) the Dublin Institute of Technology Act 1992;

• (b) the Dublin Institute of Technology (Amendment) Act 1994.

PART 2 Technological University

Chapter 1 Definitions for Part 2

7. Definitions for Part 2

7. (1) In this Part—

F4[“advisory panel”—

• (a) in so far as it relates to an application under section 29, has the meaning assigned to it by section 31,

• (b) in so far as it relates to an application under section 38, has the meaning assigned to it by section 40, and

• (c) in so far as it relates to an application under section 44A, has the meaning assigned to it by section 44C;]

F4[“appointed day” means, as may be appropriate—

• (a) in so far as it relates to an order under section 36, the day appointed by that order,

• (b) in so far as it relates to an order under section 43, the day appointed by that order, and

• (c) in so far as it relates to an order under section 44F, the day appointed by that order;]

“chairperson” has the meaning assigned to it by section 12;

“dissolved applicant institutes” has the meaning assigned to it by section 36;

“eligibility criteria” has the meaning assigned to it by section 28(1).

• (2) A reference in this Part to a region includes a reference to each of the regions in which F4[the campuses of a technological university, applicant institutes or an applicant higher education provider, as may be appropriate,] are located.

Chapter 2 Functions of technological university

8. Technological university

8. (1) A technological university shall be a body corporate with perpetual succession and shall have the power to sue, and may be sued, in its corporate name and may, with the consent of the Minister F5[…], acquire, hold and dispose of land, an interest in land or any other property.

• (2) The Minister, following consultation with a technological university, may by order specify a name, other than the name specified in the order under section 36 relating to the technological university, by which the technological university may describe itself for operational purposes.

• (3) The seal of the technological university shall be authenticated by the signature of—

• (a) the chairperson or a member of the governing body authorised by the governing body to act in that behalf, and

• (b) the president or a member of staff of the technological university authorised by the president to act in that behalf.

• (4) Judicial notice shall be taken of the seal of the technological university and any document purporting to be an instrument made by and sealed with the seal of the technological university shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.

9. Functions of technological university

9. (1) The functions of a technological university, having particular regard to the needs of the region in which the campuses of the technological university are located, shall be to—

• (a) provide teaching and facilitate learning that—

• (i) is informed by research, and

• (ii) promotes excellence at all levels of higher education within the Framework,

• (b) provide programmes of education and training that reflect the needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the technological university are located and facilitate learning by flexible means,

• (c) provide for the broad education, intellectual and personal development of students, for the purpose of enabling them, as graduates, to excel in their chosen careers and to contribute responsibly to social, civic and economic life in innovative and adaptable ways,

• (d) provide opportunities for staff and students—

• (i) of the technological university to teach, learn or conduct research at institutions that provide higher education outside the State, or to obtain relevant work experience outside the State, and

• (ii) of institutions that provide higher education outside the State to teach, learn or conduct research at the technological university,

• (e) collaborate with institutions that provide higher education inside and outside the State, including on joint research projects and provision of programmes of education and training,

• (f) support a body of research that includes research relevant at regional, national and international levels and pursue excellence in the conduct of that research,

• (g) support entrepreneurship, enterprise development and innovation in business, enterprise and the professions through teaching and the conduct of research and through effective transfer to those and other sectors of knowledge arising from that research,

• (h) collaborate with business, enterprise, the professions, the community, local interests and related stakeholders in the region in which the campuses of the technological university are located—

• (i) to promote the involvement of those stakeholders in the design and delivery of programmes of education and training, and

• (ii) to ensure that, in so far as possible, innovation activity and research undertaken by the technological university reflects the needs of those stakeholders,

• (i) support the development of a skilled labour force including, where appropriate, engaging in the education and training of apprentices in accordance with policy relating to that education and training for the time being communicated to the technological university by An tÚdarás, the Government or any Minister of the Government,

• (j) support the mobility of staff and students of the technological university into and out of the labour force through collaboration with business, enterprise, the professions and related stakeholders in the region in which the campuses of the technological university are located,

• (k) serve the community and public interest by—

• (i) developing and promoting strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university are located,

• (ii) supporting (without prejudice to the generality of subsection (4)) the delivery of policies or objectives of the Government or any Minister of the Government, for the time being communicated to the technological university by An tÚdarás, the Government or any Minister of the Government, in relation to development of business and enterprise at a local, regional or national level,

• (iii) fostering close and effective relationships with—

• (I) a statutory body whose functions relate to regional development in the region in which the campuses of the technological university are located,

• (II) a local authority or local authorities in whose local authority area or areas the campuses of the technological university are located,

• (III) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located,

• (IV) a provider of further education and training in the region in which the campuses of the technological university are located, and

• (V) organisations representing the social, creative and cultural interests of the community in the region in which the campuses of the technological university are located,

and

• (iv) in so far as possible in the performance of its functions—

• (I) contributing to the promotion of the economic, cultural, social, scientific and technological development of the State,

• (II) respecting the diversity of values, beliefs and traditions in Irish society,

• (III) promoting critical and free enquiry, informed intellectual discourse and public debate within the technological university and in wider society, and

• (IV) promoting an entrepreneurial ethos,

• (l) promote access to the technological university and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society in the region in which the campuses of the technological university are located who are significantly under-represented in its student body,

• (m) undertake assessment of students, and award degrees and other qualifications,

• (n) make best use of its expertise and resources, whether or not on a commercial basis, for the purposes of its functions under this Act,

• (o) provide directly, or in collaboration with other providers of programmes of education and training, facilities for all levels of higher education within the Framework, including technological and professional education, and for research,

• (p) collaborate with persons or bodies inside and outside the State for the purpose of its functions under this Act, and

• (q) promote the attainment of gender balance and equality of opportunity among the students and staff of the technological university.

• (2) A technological university may accept gifts of money, land or other property subject to such trusts and conditions, if any, as are not in conflict with this Act, specified by the donor.

• (3) A technological university shall have all such powers as are necessary or expedient for the performance by it of its functions.

• (4) A technological university shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.

• (5)
• (a) For the purposes of the performance of its functions, a technological university shall establish procedures relating to resolution of disputes.

• (b) Procedures established under paragraph (a) shall—

• (i) be established following consultation with each trade union and staff association recognised by the technological university and with the student union,

• (ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and

• (iii) be published in such manner as the technological university considers appropriate.

• (6) A technological university may perform any of its functions through or by any member of the staff of the technological university authorised in that behalf by the technological university.

• (7) A technological university may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council, to the academic council.

• (8) For the purposes of subparagraph (i) of subsection (1)(h) “involvement”, in relation to a programme may include—

• (a) developing, with the technological university, the curriculum of the programme,

• (b) contributing to assessment, as required by the programme, of the progress of the student, or

• (c) providing a work placement for a student registered on the programme.

• (9) In subsection (1) “providers” has the same meaning as it has in section 2 of the Act of 2012.

10. Academic freedom

10. (1) A technological university, in performing its functions, shall—

• (a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and

• (b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to—

• (i) the promotion and preservation of equality of opportunity and access to higher education,

• (ii) resources, wherever originating, that are available to the technological university for the purpose of performing its functions, and

• (iii) the need to secure the most beneficial, effective and efficient use of those resources.

• (2) A member of the academic staff of a technological university shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by the technological university, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside the technological university.

Chapter 3 Governance of technological university

11. Governing body of technological university

11. (1) A technological university shall have a governing body to perform the functions of the technological university under this Act.

• F6[(1A) A governing body of a technological university shall—

• (a) promote the success (including academic success) and reputation of the technological university,

• (b) satisfy itself that appropriate systems, procedures and practices are in place—

• (i) to perform the functions of the technological university,

• (ii) for the internal performance management and accountability of the technological university in respect of—

• (I) the performance of its functions, and

• (II) the achievement of the objectives in the strategic development plan under section 18,

and

• (iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the technological university, and

• (c) establish and implement arrangements for the management of the performance of the president.

• (1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a technological university shall perform the following functions with regard to the technological university:

• (a) approve expenditure for major capital and investment projects;

• (b) approve annual financial statements;

• (c) provide for and maintain a system of audit;

• (d) provide for and maintain a system of risk management;

• (e) provide for and maintain a system of quality assurance in accordance with the Act of 2012;

• (f) review and oversee the implementation of major plans of action and provide strategic direction;

• (g) delegate such functions as may be appropriate to the president;

• (h) manage the financial affairs of the technological university to ensure value for money and its financial viability;

• (i) account to An tÚdarás for funding provided to the technological university by An tÚdarás.]

• (2) The provisions of Schedule 1 shall apply to a governing body.

12. Membership of governing body of technological university

F7[12. (1) Subject to this Chapter, a governing body of a technological university shall consist of 19 members as determined in accordance with this Chapter.

• (2) The members of a governing body shall be—

• (a) a chairperson (in this section and in Schedule 1 referred to as the "chairperson"), who shall be an external member, appointed by the governing body,

• (b) 9 external members (other than the chairperson), appointed by the governing body,

• (c) the president,

• (d) 5 internal members (other than the president), being—

• (i) 3 members of the academic staff of the technological university, elected by the academic staff of the technological university,

• (ii) one member of the non-academic staff of the technological university, elected by the non-academic staff of the technological university, and

• (iii) one member of the academic or non-academic staff of the technological university, elected by the academic and non-academic staff of the technological university, and

• (e) 3 student union representatives appointed by the governing body.

• (3) The internal members of a governing body shall be elected for appointment as such internal members in accordance with regulations made under subsection (7).

• (4) Subject to subsection (5), with regard to the appointment of external members of a governing body—

• (a) 3 such members shall be nominated by the Minister, and

• (b) 7 such members shall be appointed by the governing body in accordance with a process for such appointments that is determined by the governing body and approved by the Minister.

• (5) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing body of a technological university, the Minister or the governing body of the technological university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the technological university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.

• (6)
• (a) The term of office of a member of the governing body, other than the president, shall not exceed 4 years and such a member may not serve more than 2 consecutive terms of office.

• (b) A member of the governing body who is a student at the technological university shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.

• (7) A governing body shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing body as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.

• (8) In performing functions under this section, the Minister and a governing body shall have regard to the objectives that—

• (a) not less than 40 per cent of the members of the governing body shall be women and not less than 40 per cent of them shall be men,

• (b) the membership of the governing body shall take account of the different locations of the campuses of the technological university, and

• (c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.

• (9) In this section—

"external member", in relation to a governing body, means a member of the governing body other than an internal member or a student member thereof or a member of the academic council of the technological university;

"internal member", in relation to a governing body, means a member of the governing body who is a member of the staff of the technological university or a person who is remunerated under a contract with the technological university;

"student member", in relation to a governing body, means a member of the governing body who is a student at the technological university.]

12A. F8[ Transitional arrangements for membership and chairperson of governing body

12A. (1) A governing body of a technological university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the technological university complies with section 12 (inserted by section 90 of the Act of 2022) within the period referred to in subsection (2).

• (2) Subject to subsections (3) to (6), a governing body of a technological university shall, within 12 months of the relevant date—

• (a) determine the composition of the governing body of its technological university in accordance with the arrangements and procedures put in place by it under subsection (1),

• (b) appoint the members (other than the president) of the governing body accordingly, and

• (c) by notice in writing, inform the Minister of the composition as so determined.

• (3)
• (a) A person who was the chairperson of a governing body of a technological university on the relevant date may continue after that date to be the chairperson of the governing body of that technological university until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 12 (inserted by section 90 of the Act of 2022).

• (b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).

• (4) A person (other than the president) who was appointed as a member (including the chairperson) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

• (a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

• (b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).

• (5)
• (a) Nothing in this section shall operate to terminate the term of office of a member of a governing body of a technological university who was, before the relevant date, appointed or elected as such member under section 55 if he or she wishes to serve the unexpired term for which he or she was so appointed or elected and notwithstanding that he or she is not re-appointed as such member pursuant to subsection (2)(b).

• (b) A member of a governing body of a technological university referred to in paragraph (a) shall not be reckoned in the number of members of a governing body of a technological university specified in section 12 (inserted by section 90 ) during any part of his or her term of membership of the governing body which, but for this subsection, would have ceased.

• (6) Notwithstanding section 12(6) and paragraph 4 of Schedule 1, where the term of office of all or the majority of the members of a governing body (including the chairperson thereof) of a technological university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the technological university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.

• (7) In this section—

"Act of 2022" means the Higher Education Authority Act 2022;

"relevant date" means the date on which section 90 of the Act of 2022 comes into operation.]

Chapter 4 Staff of technological university

13. President of technological university

13. (1) A technological university shall have a chief officer (in this section, and Schedules 1 and 2, referred to as the “president”).

• (2) The president shall be appointed by the technological university.

• (3) The president may be removed from office by the technological university for stated reasons.

• (4) Subject to this Act, the president 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 technological university, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

• (5) The selection criteria, including experience, training and expertise appropriate to the functions of a president under this Act, and procedures in respect of the appointment of a president shall be established by the technological university and published in such manner as it considers appropriate.

• (6) The provisions of Schedule 2 shall apply to a president.

14. Staff of technological university

14. (1) A technological university may, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of staff of the technological university as it from time to time considers appropriate.

• (2) The staff of a technological university shall be employed on such terms and conditions as may be determined by the technological university, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform.

• (3) There shall be paid by a technological university to its staff such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform.

• (4) A technological university shall ensure that a company in which it has a proprietary interest shall only pay to staff of the technological university such remuneration, fees, allowances and expenses as may be determined by the technological university, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform.

• (5) A technological university may, in accordance with procedures established by the technological university following consultation with each trade union or staff association recognised by it, suspend or dismiss a member of its staff.

• (6) A technological university shall, within the period specified in a request in writing for information relating to matters referred to in paragraphs (a) to (e) made by An tÚdarás, comply with the request for information and furnish the information in writing to An tÚdarás relating to—

• (a) the number of employees employed by the technological university,

• (b) their composition by grade,

• (c) their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation),

• (d) any company in which the technological university has a proprietary interest, and

• (e) any other related matter.

15. Superannuation of staff of technological university

15. (1) Subject to section 48 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, a pensionable public servant who—

• (a) is not a member of the Single Public Service Pension Scheme, and

• (b) is appointed under section 13 or 14 to be a member of staff of a technological university,

shall, on his or her appointment to the technological university concerned, become and be a member of the Education Sector Superannuation Scheme 2015 or the ESSS 2015 (S.I. No. 290 of 2015) in accordance with its terms and conditions.

• (2) Nothing in this section shall prevent the Education Sector Superannuation Scheme 2015 or the ESSS 2015 being varied in accordance with its terms and conditions.

Chapter 5 Academic council of technological university

16. Academic council of technological university

16. (1) A technological university shall have an academic council.

• (2) Subject to this section, a governing body shall make regulations of a technological university which shall provide, in relation to the academic council, for—

• (a) the number of members,

• (b) procedures for selection and appointment of members,

• (c) term of office of members,

• (d) eligibility for re-appointment of members, and

• (e) the number of consecutive periods for which members may hold office.

• (3) Without prejudice to the generality of subsection (2) —

• (a) the majority of members of the academic council shall be members of the academic staff of the technological university, and

• (b) the regulations of a technological university under subsection (2) shall provide for the following persons to be members referred to in paragraph (a) —

• (i) at least one member of the academic staff with sufficient experience, in the view of the technological university, of business, enterprise or a profession,

• (ii) members of the academic staff with sufficient experience, in the view of the technological university, of collaboration with business, enterprise, the professions and related stakeholders in the region in which the campuses of the technological university are located for a purpose as referred to in section 9(1)(h), and

• (iii) such number of students of the technological university as it considers appropriate,

• (c) in making regulations under subsection (2) the governing body shall have regard to the objective that at least 40 per cent of members of the academic council shall be women and at least 40 per cent shall be men.

• (4) The president shall be—

• (a) an ex officio member of the academic council, and

• (b) entitled to preside at all meetings of the academic council or a committee of the council at which he or she is present, but if he or she at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place.

• (5) An academic council shall hold such and so many meetings as may be necessary for the performance of its functions under this Act and, subject to any regulations of a technological university as relate to the academic council, may regulate its own procedure.

• (6) An academic council may establish such and so many committees as it considers necessary to assist it in the performance of its functions under this Act.

• (7) Persons who are members of the academic council or other members of the staff of the technological university may be members of a committee established under subsection (6).

17. Functions of academic council

17. (1) Subject to this section, an academic council shall control the academic affairs of the technological university, including the curriculum of, and instruction and education provided by, the technological university.

• (2) In the performance of its functions, an academic council shall—

• (a) have regard to the resources available to the technological university, and

• (b) be subject to review by the technological university, in a form and at such frequency as may be required by the technological university.

• (3) Without prejudice to the generality of subsection (1), the functions of an academic council shall include—

• (a) designing and developing programmes for the technological university,

• (b) supporting the implementation of those programmes,

• (c) promoting the involvement, in a programme, of business, enterprise, the professions, the community, local interests and related stakeholders in the region in which the campuses of the technological university are located,

• (d) making recommendations to the technological university on programmes for the development of research,

• (e) making recommendations to the technological university relating to the selection, admission, retention and exclusion of students,

• (f) making recommendations to the governing body regarding the form and content of regulations of a technological university relating to the academic affairs of the technological university including—

• (i) the assessment of students and determination of the results of that assessment, and

• (ii) procedures for appeals by students relating to the results of assessments,

• (g) making recommendations to the technological university for the awarding of fellowships, scholarships, bursaries, prizes or other awards,

• (h) making general arrangements for academic counselling including tutorials,

• (i) performing any other functions delegated to it by the technological university, and

• (j) implementing any regulations of the technological university relating to the functions of the academic council.

• (4) In subsection (3)—

“involvement” shall be construed in accordance with section 9(8);

“programme” means a programme of education and training.

Chapter 6 Plans and Statements

18. Strategic development plan

18. (1) (a) The president, as soon as practicable after the appointed day, shall prepare a plan (in this section called a “strategic development plan”) for the period specified in the plan.

• (b) The period specified in the strategic development plan shall be such period as the technological university considers appropriate and directs the president to specify in the plan, being a period of not less than 3 years and not more than 5 years from the date that the president prepares the plan under paragraph (a).

• (c) The president shall prepare each subsequent strategic development plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.

• (2) A strategic development plan shall specify—

• (a) the objectives of the technological university for the period specified in the plan and the strategies for achieving those objectives,

• (b) the purposes for which the technological university proposes to use its resources,

• (c) how the technological university shall comply with any requirements imposed on it under the Act of 2012,

• (d) the plans of the technological university to provide programmes of education and training that meet the needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the technological university are located, and

• (e) the plans of the technological university to develop and promote strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university are located.

• (3) The president, in preparing a strategic development plan under subsection (1)(c), shall have regard to each of the following provided or issued to the technological university by the Qualifications and Quality Assurance Authority of Ireland during the period of the plan being replaced:

• (a) a report under section 34 of the Act of 2012;

• (b) a direction under section 35 of that Act.

• F9[(3A) The president shall, for the purposes of preparing a strategic development plan under subsection (1)(c), consult with—

• (a) the Minister,

• (b) such other Ministers of the Government as the president considers appropriate,

• (c) An tÚdarás,

• (d) the students or the student union of the technological university,

• (e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff,

• (f) the academic council of the technological university,

• (g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate,

• (h) a local authority in whose functional area the campuses of the technological university are located, and

• (i) such other body or person as the president considers appropriate.]

• (4) The president shall submit the draft strategic development plan to the technological university for approval once it has been prepared.

• (5) A technological university, having regard to the resources available to it, may either approve the strategic development plan without modification or, after consultation with the president, approve the plan with such modifications as it thinks fit.

• (6) As soon as practicable after it approves the strategic development plan under subsection (5), the technological university shall provide a copy of the plan to the Minister and An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland and publish it in such manner as the technological university considers appropriate.

19. Equality statement

19. (1) (a) The president, as soon as practicable after the appointed day, shall prepare a statement (in this section called an “equality statement”) for the period specified in the statement.

• (b) The period to which the equality statement relates shall be such period as the technological university considers appropriate and directs the president to specify in the statement, being a period of not less than 3 years and not more than 5 years from the date that the president prepares the equality statement under subsection (1).

• (c) The president shall prepare each subsequent equality statement not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.

• (2) The equality statement shall specify—

• (a) the policy of the technological university for enabling access to it, and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

• (b) the policy of the technological university relating to equality, including gender equality, in all activities of the technological university.

• F10[(2A) The president shall, for the purposes of preparing an equality statement, consult with—

• (a) the Minister,

• (b) such other Ministers of the Government as the president considers appropriate,

• (c) An tÚdarás,

• (d) the students or the student union of the technological university,

• (e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff,

• (f) the academic council of the technological university,

• (g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate,

• (h) a local authority in whose functional area the campuses of the technological university are located, and

• (i) such other body or person as the president considers appropriate.]

• (3) The president shall submit the draft equality statement to the technological university for approval once it has been prepared.

• (4) The technological university, having regard to the resources available to it, may either approve the draft equality statement without modification or, after consultation with the president, approve the statement with such modifications as it thinks fit.

• (5) The technological university, in approving the draft equality statement under subsection (4), shall have regard to such policies on the matters referred to in subsection (2) as may from time to time be determined by the Minister.

• (6) A technological university shall implement the policies set out in the equality statement.

Chapter 7 Finance, property and reporting

20. Budgets of technological university

20. (1) In relation to a technological university, An tÚdarás shall, on or before the first day of March in each year, notify the president of the funding to be provided (in this section referred to as “allocated funding”) by An tÚdarás for that year to the technological university, from moneys provided to An tÚdarás under F11[ section 19 of the Higher Education Authority Act 2022].

• (2) The president shall, on or before the first day of April in each year, or such other date as An tÚdarás may approve, prepare and submit, following approval by the technological university, to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and, other than allocated funding, expected income of the technological university for that year.

• (3) The allocated funding and the expected income of the technological university referred to in subsection (2) shall be the budget of the technological university for that year.

• (4) A technological university shall not, in a year, exceed its budget for the year.

• (5) An tÚdarás may at any time, on an application in that behalf being made to it by a technological university, increase the amount of the allocated funding of the technological university from moneys provided to An tÚdarás under F11[ section 19 of the Higher Education Authority Act 2022].

• (6) Where the president is of the opinion that—

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

• (b) a proposed course of action,

taking into account any increase under subsection (5), will or is likely to result in expenditure in excess of the budget for that year such that it would constitute a material departure from the budget (in this section referred to as a “material departure from the budget”), the president shall so inform the technological university and give reasons for his or her opinion.

• (7) The technological university shall advise the president as to whether it agrees with his or her opinion and shall inform the president as soon as practicable after being informed of the president’s opinion under subsection (6) if it decides—

• (a) in a case relating to actual expenditure in a year, not to decrease that actual expenditure, or

• (b) in a case relating to a proposed course of action, to continue with that proposed course of action.

• (8) The president shall, as soon as is practicable following receipt of the advice of the technological university under subsection (7), inform An tÚdarás if he or she is still of the opinion that there will be a material departure from the budget.

• (9) Where, notwithstanding this section, a technological university incurs expenditure in excess of its budget that is not met from the income of the technological university other than the allocated funding, that excess shall be a first charge on the budget for the next succeeding year.

21. Borrowing, guaranteeing and underwriting

21. (1) Subject to subsection (2), a technological university, or any company in which the technological university has a proprietary interest, may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by any person.

• (2) An tÚdarás shall, from time to time with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, make rules to be complied with by a technological university in relation to any borrowing, guaranteeing or underwriting under subsection (1) and any such rules, which may be amended in like manner to which they are made, shall include rules relating to—

• (a) the purposes for which any proposed borrowing, guaranteeing or underwriting may be undertaken by a technological university,

• (b) the demonstration by a technological university of its ability to meet the costs arising from any such borrowing, guaranteeing or underwriting,

• (c) the identification of the potential for any such proposed borrowing, guaranteeing or underwriting to give rise to additional costs for the State,

• (d) the requirement for a technological university to obtain the prior approval of An tÚdarás, which approval shall be subject to the consent of the Minister and which consent is subject to the prior consent of the Minister for Public Expenditure and Reform and the Minister for Finance, before borrowing, guaranteeing or underwriting,

• (e) the provision by a technological university to An tÚdarás of information relating to any borrowing, guaranteeing or underwriting undertaken under subsection (1), and

• (f) the requirement to comply with the provisions of section 67 of the Credit Institutions (Stabilisation) Act 2010.

• (3) Where An tÚdarás makes or amends rules under subsection (2), it shall—

• (a) so notify, and furnish a copy of the rules or amendments to, a technological university, and

• (b) arrange for the rules or amendments to be published on the internet.

22. Accounts of technological university

22. (1) A technological university shall keep, in such form as An tÚdarás may approve, all proper and usual accounts and records of all moneys received or expended by it.

• (2) A technological university shall each year submit accounts kept under subsection (1) for audit to the Comptroller and Auditor General to the extent and by such date as he or she may from time to time direct.

• (3) Immediately after the audit referred to in subsection (2) the technological university shall furnish to the Minister F12[and An tÚdarás] a copy of—

• (a) the accounts, and

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

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

23. Annual report

23. (1) A technological university shall, not later than 30 June in each year, prepare and submit to the Minister and An tÚdarás a report on its activities in the immediately preceding year.

• (2) The Minister shall, as soon as may be after receiving the report, cause copies of it to be laid before each House of the Oireachtas.

• (3) As soon as may be following the copies being laid before each House of the Oireachtas under subsection (2), the technological university shall arrange for the report to be published on the internet.

• (4) The president of the technological university shall prepare a draft of the report under this section for approval by the technological university before it is submitted to the Minister and An tÚdarás and, in doing so, shall have regard to—

• (a) the strategic development plan of the technological university,

• (b) the equality statement of the technological university, and

• (c) any requirements imposed on the technological university under the Act of 2012.

24. Fees

24. (1) A technological university may determine and charge fees of such amounts as it considers appropriate for student registration, courses, lectures, examinations, exhibitions or any other event, service or publication held or provided at or by, or produced by, the technological university.

• (2) An tÚdarás may, with the technological university, review the fees charged or proposed to be charged by the technological university for student registration and courses, and for lectures and examinations relating to those courses.

• (3) Arising from a review under subsection (2), An tÚdarás may, without prejudice to subsection (1) and after consultation with the Minister, advise the technological university on the fees that, in its opinion, should be charged.

25. Power to establish, or acquire, hold or dispose of shares in, companies

25. (1) For the purposes of performing any one or more of its functions, a technological university may, either alone or jointly with another person, cause such one or more companies to be formed and registered under—

• (a) the Companies Act 2014, or

• (b) the laws of a place other than the State,

as it considers appropriate.

• (2) A technological university may, for the purposes specified in subsection (1), acquire or hold shares or any other interest in, or become a member of, a company formed and registered under—

• (a) the Companies Act 2014 (or an existing company within the meaning of that Act), or

• (b) the laws of a place other than the State.

• (3) F13[Subject to subsection (3A), a technological university] may only cause a company to be formed and registered under subsection (1) or acquire or hold shares or any other interest in, or become a member of a company under subsection (2), if the company is in such form consistent with this Act as may be determined by the technological university F14[…].

• F15[(3A) A technological university shall obtain the consent of the Minister and the Minister for Public Expenditure and Reform if the company concerned referred to in subsection (3) is formed for purposes other than the manufacture or development of a product, service or process, or the creation and use of intellectual property connected therewith for commercial purposes, arising from the conduct of research or the undertaking of innovation activity by the technological university.]

• (4) A technological university may dispose of shares or any other interest in a company to which this section applies.

Chapter 8 Investigation and information

26. Investigator and report

26. F16[…]

27. Information requested by Minister

27. (1) A governing body shall furnish to the Minister any information requested by the Minister concerning the performance by a technological university of its functions.

• (2) F17[…]

• (3) F17[…]

F18[Review of matter and report by governing body of technological university

27A. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the technological university, the governing body shall arrange for a review of the matter to be undertaken.

• (2) A governing body may appoint such person as it considers appropriate (in this section referred to as a "reviewer") to carry out a review of the matter concerned.

• (3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the president and the members of the staff of the technological university and the governing body, the president and the members of staff of the technological university shall comply with any such request.

• (4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the president.

• (5) A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.

• (6) A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).]

Chapter 9 Application to become technological university

28. Eligibility criteria

28. (1) The applicant institutes concerned shall, in relation to an application for an order under section 36, jointly comply with the following criteria (in this chapter referred to as “eligibility criteria”):

• (a) of the students of the applicant institutes registered on a programme that leads to an award to at least honours bachelor degree level—

• (i) at least 4 per cent are research students registered on a programme which leads to an award to at least masters degree level, and

• (ii) at least 30 per cent fall within one or more than one of the following classes of students:

• (I) students who are registered on a programme that is provided on a flexible basis, such as by means of part-time, online or distance learning;

• (II) students who are registered on a programme that has been designed, and is being delivered, with the involvement (which shall be construed in accordance with subsection (2)(b)), of business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located;

• (III) students who are not less than 23 years of age;

• (b) the applicant institutes have a plan that demonstrates, to the satisfaction of the advisory panel, that they would have capacity, as a technological university to increase within 10 years of the date of the making of an order under section 36, from at least 4 per cent to at least 7 per cent, the proportion of their research students referred to in paragraph (a)(i);

• (c) of the full-time academic staff of the applicant institutes engaged in the provision of a programme that leads to an award to at least honours bachelor degree level—

• (i) at least 90 per cent hold a masters degree or doctoral degree,

• (ii) at least 45 per cent hold—

• (I) a doctoral degree, or

• (II) subject to subparagraph (iii), a terminal degree, as well as sufficient practical experience gained in the practice of a profession to which the programme relates, such that the degree and experience together can reasonably be viewed by the advisory panel as equivalent to a doctoral degree,

and

• (iii) not more than 10 per cent hold only the qualifications referred to in subparagraph (ii)(II);

• (d) the applicant institutes have a plan that demonstrates, to the satisfaction of the advisory panel, that they would have capacity, as a technological university, to increase, within 10 years of the date of the making of an order under section 36, from at least 45 per cent to at least 65 per cent, the proportion of their full-time academic staff referred to in paragraph (c)(ii);

• (e) of the full-time academic staff of the applicant institutes engaged in both of the following, at least 80 per cent hold a doctoral degree—

• (i) the provision of a programme that leads to an award at doctoral degree level, and

• (ii) the conduct of research;

• (f) each of the full-time academic staff of the applicant institutes engaged in the supervision of students registered on a programme that leads to an award to doctoral degree level—

• (i) holds—

• (I) a doctoral degree, or

• (II) a terminal degree, as well as sufficient practical experience gained in the practice of a profession to which the programme relates, such that the degree and experience together can reasonably be viewed by the advisory panel as equivalent to a doctoral degree,

and

• (ii) has a record of continued conduct of research in an area relevant to the programme;

• (g) in respect of not less than 3 fields of education—

• (i) the applicant institutes provide programmes that lead to awards to doctoral degree level, and

• (ii) the academic staff and students of the applicant institutes conduct research;

• (h) in relation to a programme referred to in paragraph (g), the applicant institutes demonstrate, to the satisfaction of the advisory panel—

• (i) that they carry out innovation activity and conduct research to a high standard, and

• (ii) that the innovation and research has positive social and economic effects on business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located;

• (i) all programmes provided by the applicant institutes that lead to an award to doctoral degree level comply with any policy relating to doctoral education as may be agreed from time to time between An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland following consultation with bodies representing the interests of an institute, a technological university or a university specified in paragraphs (a) to (d) of section 4(1) of the Universities Act 1997;

• (j) the applicant institutes have a plan that demonstrates to the satisfaction of the advisory panel that they would have capacity, as a technological university to increase within 5 years of the date of the making of an order under section 36, from at least 3 to at least 5, the fields of education referred to in paragraph (g);

• (k) the applicant institutes demonstrate to the satisfaction of the advisory panel that the applicant institutes have, at the time they apply under section 29 for an order under section 36, the capacity to effectively perform the functions of a technological university and in particular demonstrate —

• (i) that they have integrated, coherent and effective governance structures in place concerning academic, administrative and management matters,

• (ii) that they have strong links with business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the applicant institutes are located,

• (iii) that they have, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which—

• (I) no notice has been furnished by the Qualifications and Quality Assurance Authority of Ireland under section 36(1) of the Act of 2012, or

• (II) approval has not been withdrawn under section 36 of that Act,

• (iv) that they develop, and have procedures in place to further develop programmes that respond to the needs of business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located,

• (v) that they —

• (I) provide opportunities for staff and students of the applicant institutes to teach, learn or conduct research at institutions that provide higher education outside the State, or to obtain relevant work experience outside the State,

• (II) provide opportunities for staff and students of institutions that provide higher education outside the State to teach, learn or conduct research at the applicant institutes, and

• (III) collaborate with institutions that provide higher education outside the State, including on joint research projects and for the purpose of provision of programmes;

• (l) that they develop and promote and if an order is made under section 36 have procedures in place to further develop and promote, as a technological university, strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university will be located.

• (2)
• (a) In this section—

“award” means an award that is recognised within the Framework;

“credit” has the same meaning as it has in section 56 of the Act of 2012;

“field of education” means a field of education described as a narrow field of education in the International Standard Classification of Education being the classification for the time being adopted by the United Nations Educational, Scientific and Cultural Organisation;

“level” means recognised at the level concerned within the Framework;

“programme” means programme of education and training;

“research student” means a student who is registered on a programme of education and training where not less than 60 per cent of the available credits are assigned in respect of a thesis or theses prepared by the student based on research conducted by him or her.

• (b) For the purposes of subparagraph (ii)(II) of subsection (1)(a), “involvement” in relation to a programme may include—

• (i) developing, with one or, as the case may be, more than one of the applicant institutes concerned, the curriculum of the programme,

• (ii) contributing to assessment, as required by the programme, of the progress of a student, or

• (iii) providing a work placement for a student registered on the programme.

• (c) A reference, in paragraph (c), (e) or (f) of subsection (1)—

• (i) to a masters or doctoral degree held by a member of staff of the applicant institutes is a reference to a degree awarded to masters or doctoral level within the Framework and if not awarded within the Framework is, to the satisfaction of the advisory panel, equivalent to such a degree, or

• (ii) to a terminal degree held by a member of staff of the applicant institutes is a reference to an award to at least honours bachelor degree level within the Framework which, in the view of the advisory panel, was at the time the award was made the highest academic award available in the discipline concerned, and if not so awarded within the Framework is, to the satisfaction of the advisory panel, equivalent to such a degree.

29. Application for order under section 36

29. (1) Two or more institutes (in this section referred to as “applicant institutes”) may jointly apply to the Minister for an order under section 36.

• (2) An application by applicant institutes under this section shall be in writing in such form, including electronic form, as may be directed by the Minister.

30. Requirements on application under section 29

30. An application by applicant institutes under section 29 shall include information—

• (a) demonstrating compliance by the applicant institutes with the eligibility criteria,

• (b) demonstrating that plans and arrangements are in place for managing academic, financial and administrative matters arising on the making of an order under section 36, and

• (c) to enable the Minister and advisory panel to have regard to the matters referred to in section 34(2).

31. Advisory panel for purpose of application under section 29

31. (1) The Minister, within 30 days of receipt of an application under section 29, shall forward the application to An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland with a direction in writing to each to nominate at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least two of whom shall have expertise at an international level in standards and practice in higher education, for appointment by the Minister to an advisory panel under subsection (3).

• (2) Within 60 days of the direction of the Minister under subsection (1), An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland shall furnish their nominations to the Minister.