Technological Universities Act 2018

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 bysection 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 bysection 38,

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

(c) in any other provision of this Act, means a technological university to whichparagraph (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 undersection 36,43or44F] 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

7. Definitions for Part 2

7. (1) In this Part—

F4[“advisory panel”—

(a) in so far as it relates to an application undersection 29, has the meaning assigned to it bysection 31,

(b) in so far as it relates to an application undersection 38, has the meaning assigned to it bysection 40, and

(c) in so far as it relates to an application undersection 44A, has the meaning assigned to it bysection 44C;]

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

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

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

(c) in so far as it relates to an order undersection 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

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,