TECHNOLOGICAL UNIVERSITIES ACT 2018

• (3) The Minister, within 30 days of the receipt of the later of the nominations furnished under subsection (2), shall appoint from amongst those nominees an advisory panel of at least 3 persons, at least two of whom shall have expertise at an international level in standards and practice in higher education (in this section referred to as an “advisory panel”), to assess the application under section 29, and shall furnish the application under section 29 to the advisory panel.

• (4) For the purposes of its assessment and report under this Chapter, the advisory panel may consult with the applicant institutes concerned, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.

32. Report of advisory panel to An tÚdarás

32. (1) Within 120 days of being appointed, the advisory panel, having assessed the application under section 29, and having had regard to the matters referred to in section 34(2), shall furnish a report to An tÚdarás with a recommendation whether to make an order under section 36.

• (2) Where the report under subsection (1) states that the applicant institutes do not jointly comply with one or more of the eligibility criteria, it shall—

• (a) identify the eligibility criteria concerned, and

• (b) specify conditions (including relating to the period of time within which conditions shall be met), compliance with which, in the view of the advisory panel, would be reasonably expected to enable the applicant institutes to jointly comply with the eligibility criteria concerned.

33. Report of An tÚdarás to Minister

33. Within 60 days of receiving and having considered the report under section 32, An tÚdarás, having had regard to the eligibility criteria and the report, shall furnish the following to the Minister:

• (a) the report,

• (b) the views of An tÚdarás regarding the report, and

• (c) any other information that An tÚdarás considers relevant.

34. Decision on application under section 29

34. (1) Within 60 days of receiving and having considered the report, views and information under section 33, having considered the application and information under section 29 and having had regard to the matters referred to in subsection (2), the Minister shall, by notice in writing, inform the applicant institutes of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

• (2) When considering the report, views and information under section 33 and the application and information under section 29 in accordance with subsection (1), the Minister shall have regard to the following matters:

• (a) if the needs of students, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the applicant institutes are located would be more efficiently and effectively served by the proposed technological university;

• (b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant institutes are located would justify the making of the order under section 36;

• (c) if sufficient financial resources are available to the applicant institutes to meet projected costs arising on the making of the order under section 36;

• (d) if the proposed technological university would be financially viable if the order under section 36 were made;

• (e) if making the order under section 36 would comply with such policies of the Government as relate to higher education.

• (3) A notice under subsection (1) shall state that the applicant institutes may make representations to the Minister in relation to the proposed decision not later than 30 days after the giving of the notice.

• (4) The Minister, within 60 days after the giving of notice under subsection (1), shall consider any representations made under subsection (3) before deciding to—

• (a) grant the application and make an order under section 36,

• (b) postpone, subject to compliance with conditions under section 35, the granting of the application and the making of the order under section 36, or

• (c) refuse the application.

• (5) The Minister shall give notice in writing to the applicant institutes concerned of a decision under subsection (4) as soon as practicable after it is made which shall, in relation to a decision under subsection (4)(b) or (c)—

• (a) include reasons for the decision,

• (b) inform the applicant institutes that—

• (i) they jointly may, under Part 3, appeal the decision, including any conditions specified under section 35, within 30 days of the date of the notice, and

• (ii) the notice of appeal shall specify the grounds for the appeal,

and

• (c) inform the applicant institutes that the decision shall be suspended until, as the case may be—

• (i) the decision becomes final under subsection (6), or

• (ii) the disposal of an appeal under Part 3.

• (6) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (5), no appeal under Part 3 is made, the Minister’s decision under subsection (4)(b) or (c) is final.

• (7) If, following an appeal of a decision under subsection (4)(b) or (c), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.

35. Conditions for compliance with all eligibility criteria

35. (1) The Minister may specify conditions (including in relation to the period of time within which those conditions shall be met) with which the applicant institutes are required to jointly comply with in order to meet the eligibility criteria.

• (2) Conditions specified under subsection (1) shall include—

• (a) any conditions specified in the report under section 32(2)(b), and

• (b) such further conditionsas the Minister, having regard to the eligibility criteria, considers necessary.

• (3) A decision under section 34(4)(b) shall be final where the applicant institutes do not jointly comply with the conditions imposed under subsection (1) within the period specified in the conditions.

• (4)
• (a) Where the applicant institutes are of the view, before the expiration of the period specified in the conditions specified under subsection (1), that they have jointly complied with the conditions concerned, they shall jointly so notify the Minister in writing, giving their reasons for forming the view.

• (b) Within 60 days of receipt of a notice under paragraph (a), the Minister shall consider the information furnished by the applicant institutes and, having consulted with An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, or any other person or body as the Minister considers appropriate, the Minister shall, by notice in writing, inform the applicant institutes of his or her proposed decision as to whether the applicant institutes jointly comply with the conditions and shall in the notice provide reasons for the proposed decision.

• (c) A notice under paragraph (b) shall state that the applicant institutes may jointly make representations to the Minister in relation to the proposed decision not later than 30 days after the giving of the notice to the applicant institutes.

• (d) The Minister shall consider any representations made under paragraph (c) before deciding to—

• (i) grant the application and make an order under section 36, or

• (ii) refuse the application.

• (e) The Minister shall give notice in writing to the applicant institutes of a decision under paragraph (d) as soon as practicable after it is made which shall, in relation to a decision under paragraph (d)(ii)—

• (i) include reasons for the decision,

• (ii) inform the applicant institutes that—

• (I) they jointly may, under Part 3, appeal the decision within 30 days of the date of the notice, and

• (II) the notice of appeal shall specify the grounds for the appeal,

and

• (iii) inform the applicant institutes that the decision shall be suspended until, as the case may be—

• (I) the decision becomes final under subsection (5), or

• (II) the disposal of an appeal under Part 3.

• (5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the Minister’s decision under subsection (4)(d)(ii) is final.

• (6) If, following an appeal of a decision under subsection (4)(d)(ii), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.

Chapter 10 Establishment of a technological university

36. Order establishing technological university

36. (1) The Minister, following a decision under section 34(4)(a) or section 35(4)(d)(i), shall by order appoint a day (in this Chapter referred to as the “appointed day”) for the purposes of subsection (2).

• (2) On the appointed day—

• (a) the applicant institutes specified in the order shall stand dissolved (in this section referred to as the “applicant institutes”), and

• (b) there shall stand established a technological university (in this section referred to as a “technological university”) to be known by the name specified in the order, in both the English and Irish languages, to perform the functions conferred on a technological university by or under this Act.

37. Transfer of functions from applicant institutes to technological university

37. (1) On the appointed day all functions that, immediately before the appointed day, were vested by or under any enactment in the applicant institutes specified in an order under section 36, shall stand transferred to the technological university specified in that order.

• (2) References in any enactment (other than this Act) to the applicant institutes specified in an order under section 36 shall, on and after the appointed day, be construed as references to the technological university specified in that order.

Chapter 11 Joint application of institute of technology and technological university

38. Application for order under section 43

38. (1) One, and only one, institute which is not one of the applicant institutes in respect of which an application for an order under section 36 is in being (in this Chapter referred to as an “applicant college”) and a technological university (in this Chapter referred to as an “applicant technological university”) may jointly apply to the Minister for an order under section 43.

• (2) The Minister shall not consider more than one application under this section by a particular technological university at any one time.

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

39. Requirements on application under section 38

39. An application under section 38 shall include information—

• (a) demonstrating the capability of the applicant college and applicant technological university to jointly perform the functions of a technological university,

• (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 43, and

• (c) to enable the Minister and advisory panel to consider the matters referred to in section 41.

40. Advisory panel for purpose of application under section 38

40. (1) The Minister, within 30 days of receipt of an application under section 38, shall forward the application to An tÚdarás with a direction in writing to appoint an advisory panel under subsection (2).

• (2) Within 60 days of the receipt of a direction under subsection (1), An tÚdarás shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an “advisory panel”), to assess the application under section 38.

• (3) Within 120 days of being appointed, the advisory panel, having assessed the application under section 38, and having had regard to the matters referred to in section 41, shall furnish a report to the Minister and An tÚdarás with a recommendation whether to make an order under section 43.

• (4) For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant college, applicant technological university, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.

41. Matters to which Minister shall have regard on application under section 38

41. In deciding whether to make an order under section 43, the Minister shall have regard to the following matters:

• (a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant college and applicant technological university are located would be more efficiently and effectively served if the order were made;

• (b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant college and applicant technological university are located, would justify the making of the order;

• (c) if sufficient financial resources are available to the applicant college and applicant technological university to meet the projected costs arising on the making of the order;

• (d) if the applicant college and the applicant technological university would together be financially viable if the order were made;

• (e) if making the order would comply with such policies of the Government as relate to higher education.

42. Decision on application under section 38

42. (1) Within 60 days of receiving the report under section 40(3), the Minister, having considered the application and information under sections 38 and 39 and the report and recommendation under section 40, and having had regard to the matters referred to in section 41, and consulted with An tÚdarás, shall, by notice in writing, inform the applicant college and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

• (2) A notice under subsection (1) shall state that the applicant college and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.

• (3) The Minister shall consider any representations made under subsection (2) before deciding to—

• (a) make an order under section 43, or

• (b) refuse to make an order under section 43.

• (4) The Minister shall give notice in writing to the applicant college and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)—

• (a) include reasons for the decision,

• (b) inform the applicant college and applicant technological university that—

• (i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and

• (ii) the notice of appeal shall specify the grounds for the appeal,

• (c) inform the applicant college and applicant technological university that the decision shall be suspended until—

• (i) the decision becomes final under subsection (5), or

• (ii) subject to subsection (6), the disposal of an appeal under Part 3.

• (5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the Minister’s decision under subsection (3)(b) is final.

• (6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.

43. Order dissolving applicant college

43. (1) The Minister, following a decision under section 42(3)(a), shall by order appoint a day (in this Chapter referred to as the “appointed day”) for the purposes of subsection (2).

• (2) On the appointed day the applicant college specified in the order shall stand dissolved.

44. Transfer of functions from applicant college to technological university

44. (1) On the appointed day all functions that, immediately before the appointed day, were vested by or under any enactment in the applicant college specified in an order under section 43, shall stand transferred to the applicant technological university which jointly applied, with that applicant college, for an order under section 43.

• (2) References in any enactment (other than this Act) to the applicant college specified in an order under section 43 shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant college, for an order under section 43.

F19[Chapter 12 Joint application of higher education provider and technological university]

44A. F19[Application for order under section 44F

44A. (1) One, and only one, higher education provider (in this Chapter referred to as an "applicant higher education provider") and a technological university (in this Chapter referred to as an "applicant technological university") may jointly apply to the Minister for an order under section 44F.

• (2) The Minister shall not consider more than one application under this section by a particular technological university at any one time.

• (3) An application under this section may relate to a part only of the business and operation of an applicant higher education provider that is specified in the application.

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

44B. F20[Requirements on application under section 44A

44B. An application under section 44A shall include information—

• (a) demonstrating the capability of the applicant higher education provider and applicant technological university to jointly perform the functions of a technological university,

• (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 44F, and

• (c) to enable the Minster and advisory panel to consider the matters referred to in section 44D.]

44C. F21[Advisory panel for purposes of application under section 44A

44C. (1) The Minister, within 30 days of the receipt of an application under section 44A, shall forward the application to An tÚdarás with a direction in writing to appoint an advisory panel under subsection (2).

• (2) Within 60 days of the receipt of a direction under subsection (1), An tÚdarás shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an "advisory panel"), to assess the application under section 44A.

• (3) Within 120 days of being appointed, the advisory panel, having assessed the application under section 44A, and having had regard to the matters referred to in section 44D, shall furnish a report to the Minister and An tÚdarás with a recommendation whether to make an order under section 44F.

• (4) For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant higher education provider, the applicant technological university, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.]

44D. F22[Matters to which Minister shall have regard on application under section 44A

44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate:

• (a) whether the applicant higher education provider has been established and is operated for the principal purposes of higher education, training and research;

• (b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework;

• (c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance;

• (d) whether the level of qualifications of the academic staff of the applicant higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;

• (e) whether the applicant higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;

• (f) whether the applicant higher education provider—

• (i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—

• (I) has approved those procedures under the Act of 2012,

• (II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and

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

or

• (ii) if the applicant higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—

• (I) has approved those procedures under the Act of 2012,

• (II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and

• (III) has not withdrawn that approval under section 39 of that Act;

• (g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;

• (h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F;

• (i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university;

• (j) such other matters as may be determined by the Minister in consultation with An tÚdarás.

• (2) In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters:

• (a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made;

• (b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order;

• (c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order;

• (d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made;

• (e) if making the order would comply with such policies of the Government as relate to higher education.

• (3) In this section, "level", in relation to qualifications, means included at the level concerned within the Framework.]

44E. F23[Decision on application under section 44A

44E. (1) Within 60 days of receiving the report under section 44C(3), the Minister, having considered the application and information under sections 44A and 44B and the report and recommendation under section 44C, and having had regard to the matters referred to in section 44D, and consulted with An tÚdarás, shall, by notice in writing, inform the applicant higher education provider and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

• (2) A notice under subsection (1) shall state that the applicant higher education provider and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.

• (3) The Minister shall consider any representations made under subsection (2) before deciding to—

• (a) make an order under section 44F, or

• (b) refuse to make an order under section 44F.

• (4) The Minister shall give notice in writing to the applicant higher education provider and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)—

• (a) include reasons for the decision,

• (b) inform the applicant higher education provider and applicant technological university that—

• (i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and

• (ii) the notice of appeal shall specify the grounds for the appeal, and

• (c) inform the applicant higher education provider and applicant technological university that the decision shall be suspended until—

• (i) the decision becomes final under subsection (5), or

• (ii) subject to subsection (6), the disposal of an appeal under Part 3.

• (5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the decision of the Minister under subsection (3)(b) is final.

• (6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.]

44F. F24[Order for business and operation of higher education provider or part thereof to become and form part of technological university

44F. (1) The Minister, following a decision under section 44E(3)(a), shall by order appoint a day (in this Chapter referred to as the "appointed day") for the purposes of subsection (2).

• (2) On the appointed day, the business and operation of the applicant higher education provider shall become and form part of the applicant technological university or, if the application under section 44A for an order under this section relates to a part only of that business and operation, that part of the business and operation of the applicant higher education provider shall become and form part of the applicant technological university on that day.

• (3) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order.

• (4) The applicant higher education provider shall arrange with the applicant technological university for the transfer, with effect from the appointed day, of its business and operation or that part of its business and operation, as the case may be, to the applicant technological university consequent upon the making of an order under this section.

• (5) Other than in cases where a part only of the business and operation of an applicant higher education provider is the subject of an order under this section, references in any enactment (other than this Act) to the applicant higher education provider specified in an order under this section shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant higher education provider, for an order under this section.]

PART 3 Appeals

45. Appeals board

45. (1) Applicant institutes may appeal a decision under section 34(4)(b) or (c) or section 35(4)(d)(ii) and an applicant college and applicant technological university may appeal a decision under section 42(3)(b) F25[and an applicant higher education provider and applicant technological university may appeal a decision under section 44E(3)(b)].

• (2) The Minister, within 7 days of receipt of a notice of appeal shall request nominations from the Qualifications and Quality Assurance Authority of Ireland of persons to appoint to an appeals board for the purposes of that appeal.

• (3) As soon as practicable, and in any event not later than 42 days after the Minister’s request under subsection (1), the Qualifications and Quality Assurance Authority of Ireland shall nominate—

• (a) 2 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, one of whom shall be the chairperson and one of whom shall be an ordinary member of the appeals board, and

• (b) one person to be an ordinary member of the appeals board who, as a practising solicitor or a practising barrister, has not less than 10 years’ experience.

• (4)
• (a) An employee or member of the Qualifications and Quality Assurance Authority of Ireland shall not be nominated under subsection (3)(a).

• (b) A solicitor or barrister who is in the full-time service of the State shall not be nominated under subsection (3)(b).

• (5) The Minister shall appoint an appeals board, consisting of the chairperson and ordinary members nominated under subsection (3), who shall be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

• (6) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines is necessary to enable the board to perform its functions.

• (7) In relation to the appeal falling to be determined by an appeals board, the board—

• (a) shall establish the procedures to be followed regarding the making of submissions to the board and their form, and

• (b) may establish the procedures to be followed regarding—

• (i) the holding of a hearing,

• (ii) the examination by the board of the parties to the appeal or other persons,

• (iii) requests by the appeals board for information or further information, for the purposes of the appeal, from the parties to the appeal or other persons,

• (iv) provision by the appeals board to the parties to the appeal of all information for the purposes of the appeal received by the appeals board, and

• (v) any other matter as the appeals board considers appropriate for the proper performance of its functions.

• (8) An appeals board shall be independent in the performance of its functions.

46. Appeal

46. (1) For the purposes of the appeal for which an appeals board is appointed, the board—

• (a) shall request submissions from the parties to the appeal and the parties shall furnish the submissions to the appeals board within the period specified in the request,

• (b) following consideration of the submissions, may hold a hearing, and

• (c) may request such information from the parties to the appeal, or any other person as the appeals board considers necessary for the proper performance of its functions, and the parties to the appeal or other person, as the case may be, shall furnish the information to the appeals board within the period specified in the request.

• (2) If a hearing is held—

• (a) each of the parties to the appeal is entitled to be heard at the hearing, and

• (b) the appeals board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the board.

• (3) A decision by a majority of the members of an appeals board shall suffice for any purpose.

• (4) In considering an appeal under this Part an appeals board shall consider—

• (a) submissions from the parties to the appeal,

• (b) the evidence presented at any hearing of the matter, and

• (c) all information furnished to the appeals board.

• (5) On completion of its consideration of the appeal the board shall make a decision determining the appeal as soon as practicable in all the circumstances of the case, which may be a determination to—

• (a) affirm the decision of the Minister, or

• (b) quash the decision of the Minister and direct the Minister, for stated reasons, to reconsider his or her decision within a specified period.

• (6) The appeals board shall notify the parties to the appeal of its determination under subsection (5) as soon as practicable after it is made.

• (7) In the case of a determination under subsection (5)(b), the Minister shall reconsider his or her decision within the specified period or the specified period as extended for a further period by the appeals board following:

• (a) a request from the Minister;

• (b) consultation with the parties to the appeal; and

• (c) the board being satisfied that there is good and sufficient reason for so extending.

PART 4 Transitional and Consequential Provisions

Chapter 1 Definitions for Chapters 2 and 3 of Part 4

47. Definitions for Chapters 2 and 3 of Part 4

47. In Chapters 2 and 3 of this Part—

F26[“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, and

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

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

“dissolved body” means—

• (a) in so far as it relates to an order under section 36, any one of the applicant institutes specified in that order, and

• (b) in so far as it relates to an order under section 43, the applicant college specified in that order;

“liability date” has the meaning assigned to it by section 62 of the Act of 2012;

F26[“technological university” means, as may be appropriate—

• (a) in so far as it relates to an order under section 36, a technological university established by that order,

• (b) in so far as it relates to an order under section 43, the technological university to which, under section 44(1) and this Part, the functions of the applicant college specified in the order are transferred, and

• (c) in so far as it relates to an order under section 44F, the technological university as respects which the business and operation, or a part thereof, of the applicant higher education provider specified in the order became and formed part of it under that section.]

Chapter 2 General transitional provisions consequent upon order under Part 2

48. Transfer of land and other property to technological university

48. (1) On the appointed day, all lands that, immediately before that day, were vested in the 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 technological university for all the estate or interest therein that, immediately before the appointed day, was vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

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

• (3) Every chose-in-action vested in the technological university by virtue of subsection (2) may, on and after the appointed day, be sued on, recovered or enforced by the technological university in its name, and it shall not be necessary for the technological university or the dissolved body to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

49. Transfer of rights and liabilities and continuation of leases, licences and permissions to technological university

49. (1) All rights and liabilities of the dissolved body by virtue of any contract or commitment (expressed or implied) entered into by it before the appointed day shall on that day stand transferred to the technological university.

• (2) Every right and liability transferred by subsection (1) to the technological university may, on and after the appointed day, be sued on, recovered or enforced by or against it in its name, and it shall not be necessary for the technological university or the dissolved body to give notice to any person of the transfer of any such right or liability.

• (3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the technological university and in force immediately before the appointed day, shall continue in force on and after that day as if granted by the technological university.

50. Liability for loss occurring before appointed day

50. (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 appointed day, of a function of the dissolved body transferred by this Act shall, on and after that day, lie against the technological university and not against the dissolved body.

• (2) Any legal proceedings pending immediately before the appointed day, to which the dissolved body is a party, that relate to a function of the dissolved body transferred by this Act, shall be continued on and after that day, with the substitution in the proceedings of the technological university for the dissolved body.

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

• (4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the appointed day shall, on and after that day, where the claim relates to a function of the dissolved body transferred by this Act, be regarded as having been made by or proper to be made by the technological university and may be pursued and sued for by that technological university as if the loss or injury had been suffered by that technological university.

51. Provisions consequent upon transfer of functions, assets and liabilities to technological university

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

• (2) Every instrument made under an enactment and every document (including any certificate) granted or made by the dissolved body shall, if and in so far as it was operative immediately before the appointed day, have effect on and after that day as if it had been granted or made by the technological university.

• (3) References to the dissolved body in the constitution of any company and relating to a function transferred by this Act shall, on and after the appointed day, be construed as references to the technological university.

• (4) Any money, stocks, shares or securities transferred by section 48 that, immediately before the appointed day, were standing in the name of the dissolved body shall, on and after that day, on the request of the technological university, be transferred into the name of the technological university.

• (5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested under section 48 or 49 in a technological university shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

52. Final accounts and final report of dissolved body

52. (1) The technological university shall, in respect of the period specified under subsection (3), prepare final accounts of the dissolved body.

• (2) A technological university shall, not later than the date on which it submits its first set of accounts following the appointed day to the Comptroller and Auditor General under section 22, submit the final accounts of the dissolved body to the Comptroller and Auditor General for audit and shall, immediately after the audit, present a copy of the accounts and a copy of the Comptroller and Auditor General’s report on the accounts to the Minister who, as soon as practicable thereafter, shall cause copies of those accounts and that report to be laid before each House of the Oireachtas.

• (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.

• (4) The technological university shall, not later than the date on which it submits its first annual report following the appointed day to the Minister, prepare and submit to the Minister the final report of the activities of the dissolved body and the Minister shall, as soon as practicable thereafter, cause a copy of the final report to be laid before each House of the Oireachtas.

• (5) The final annual report of the dissolved body shall be published on the internet by the technological university as soon as practicable after copies of the report are laid under subsection (4).

53. Transfer of staff to technological university

53. (1) Every person who, immediately before the appointed day—

• (a) was a member of the staff of a dissolved body shall, on the appointed day, become and be a member of the staff of the technological university, and

• (b) was a fixed-term employee of a dissolved body shall, on the appointed day, become and be a fixed-term employee of the technological university for the duration of his or her contract of employment.

• (2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person referred to in subsection (1) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the appointed day.

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

• (4) In relation to a person referred to in subsection (1), previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

• (a) the Redundancy Payments Acts 1967 to 2014;

• (b) the Protection of Employees (Part-Time Work) Act 2001;

• (c) the Protection of Employees (Fixed-Term Work) Act 2003;

• (d) the Organisation of Working Time Act 1997;

• (e) the Terms of Employment (Information) Acts 1994 to 2012;

• (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

• (g) the Unfair Dismissals Acts 1977 to 2015;

• (h) the Maternity Protection Acts 1994 and 2004;

• (i) the Parental Leave Acts 1998 and 2006;

• (j) the Adoptive Leave Acts 1995 and 2005;

• (k) the Carer’s Leave Act 2001.

54. Superannuation

54. (1) A person referred to in section 53 who, immediately before the appointed day, was a member of a relevant superannuation scheme or the Single Public Service Pension Scheme shall, on the appointed day, continue to be a member of such scheme in accordance with its terms and conditions.

• (2) Nothing in this section shall prevent a relevant superannuation scheme being varied in accordance with its terms and conditions.

• (3) In this section “relevant superannuation scheme” means, as the case may be—

• (a) the Education Sector Superannuation Scheme 2015 or the ESSS 2015, or

• (b) the Education Sector Superannuation Scheme referred to in Article 3(4) of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001), in so far as that scheme has not been revoked by the scheme referred to in paragraph (a).

Chapter 3 Arrangements consequent upon order under Part 2

55. Arrangements for first governing body following order under Part 2

55. (1) The governing body of the dissolved body standing appointed immediately before the day appointed by order under section 36 shall stand dissolved on that appointed day.

• (2) The Minister shall appoint, with effect from the appointed day in respect of the first governing body of the technological university to be established following that appointed day—

• (a) a person to be the chairperson,

• (b) 2 external members, and

• (c) one external member nominated in accordance with its or their own procedures by the education and training board or boards in whose education and training board area or areas the campuses of the technological university are situated.

• F27[(3) The governing body, comprising the president and persons appointed under subsection (2), shall within 6 months of the appointed day comply with section 12(4), (7) and (8).]

• (4)
• (a) If an education and training board or boards referred to in subsection (2)(c) is or are not in a position to furnish a nomination in writing to the Minister within 6 weeks of receipt by it or them of a request in writing from the Minister to do so the Minister shall nominate the external member for the purposes of subsection (2)(c).

• (b) If the governing body referred to in subsection (3) has not complied with that subsection within 6 months of the appointed day the Minister shall, as soon as practicable, nominate and appoint persons to the governing body who, in the opinion of the Minister, are representative of those persons who would, in accordance with subsection (3), stand to be, as the case may be, F27[appointed under section 12(2)(b) or (d)].

• (5)
• (a) The term of office of a member of the governing body of the technological university appointed or elected under this section, other than the president, shall be 2 years.

• (b) Appointment as a member of the governing body of a technological university under this section, of a person who is a student at the technological university, shall not affect the operation of F27[section 12(6)(b)] in relation to that member.

• (6) Subsections (2) to (6) apply notwithstanding section 12.

• (7)
• (a) In subsections (2) to (7), “appointed day” means only the day appointed by order under section 36.

• (b) In this section “external member” has the meaning assigned to it by section 12.

• (8) Subject to this section, Schedule 1 shall apply to a governing body appointed under this section.

56. First president following order under section 36

56. (1) The Minister, at any time before the day appointed by order under section 36, may designate a person to be appointed to be the first president of the technological university.

• (2) If, immediately before the day appointed by order under section 36 a person stands designated by the Minister under subsection (1), the technological university shall appoint that person to be the first president with effect from the day appointed by order under section 36.

• (3) A person standing designated under subsection (1) who stood appointed immediately before his or her appointment as president of the technological university under subsection (2), as Director or, as the case may be, president of a dissolved body (in this section referred to as the “first appointment”) shall hold office as the first president of the technological university for such term as the Minister may direct when designating that person under subsection (1) being—

• (a) the unexpired term of the first appointment, or

• (b) a period longer than the unexpired term which does not exceed 10 years.

• (4) A person, other than a person referred to in subsection (3), standing designated under subsection (1) shall hold office as the first president of the technological university for such term not exceeding 10 years as the Minister shall direct when designating that person under subsection (1).

• (5) This section shall apply notwithstanding section 13 or paragraph 8of Schedule 2.

57. Arrangements for Director or president of a dissolved body following order under Part 2

57. (1) A person (other than a person referred to in section 56(3) who, immediately before the day appointed by order under section 36 stands appointed as a Director or, as the case may be, president of a dissolved body shall on and after that day, cease to be such Director or president and shall become and be a fixed-term employee of the technological university for the duration of his or her contract of employment.

• (2) A person who, immediately before the day appointed by order under section 43, stands appointed as a Director or, as the case may be, president of a dissolved body shall on and after that day, cease to be such Director or president and shall become and be a fixed-term employee of the technological university for the duration of his or her contract of employment.

• (3) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person referred to in subsection (1) or (2) shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the appointed day.

• (4) In relation to a person referred to in subsection (1) or (2), previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

• (a) the Redundancy Payments Acts 1967 to 2014;

• (b) the Protection of Employees (Part-Time Work) Act 2001;

• (c) the Protection of Employees (Fixed-Term Work) Act 2003;

• (d) the Organisation of Working Time Act 1997;

• (e) the Terms of Employment (Information) Acts 1994 to 2014;

• (f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

• (g) the Unfair Dismissals Acts 1977 to 2015;

• (h) the Maternity Protection Acts 1994 and 2004;

• (i) the Parental Leave Acts 1998 and 2006;

• (j) the Adoptive Leave Acts 1995 and 2005;

• (k) the Carer’s Leave Act 2001.

• (5) In subsection (3), a reference to terms and conditions relating to remuneration does not include conditions in relation to superannuation.

58. Arrangements for certain governing bodies following order under section 43

58. F28[…]

59. Continuation of programmes of education and training following order under Part 2

59. F29[(1)] Every programme of education and training that, immediately before the day appointed by order under section 36 or 43was provided by a dissolved body and led to an award—

• (a) made by the Qualifications and Quality Assurance Authority of Ireland under section 50 of the Act of 2012,

• F29[(aa) made by the dissolved body as a designated awarding body for the purposes of the Act of 2012,]

• (b) made by the dissolved body in accordance with the authority delegated to that dissolved body by the Qualifications and Quality Assurance Authority of Ireland under section 53 of the Act of 2012, or

• (c) made by the Dublin Institute of Technology where it is the dissolved body,

shall, on the appointed day, become and be a programme of education and training provided by the technological university in respect of which the order under section 36 or 43 is made that leads to an award made by that technological university.

• F29[(2) Subject to subsection (3), every programme of education and training included in the business and operation of the applicant higher education provider the subject of an order under section 44F, that immediately before the day appointed by that order was provided by the applicant higher education provider and led to an award—

• (a) made by the Qualifications and Quality Assurance Authority of Ireland under section 50 of the Act of 2012,

• (b) made by a relevant designated awarding body within the meaning of the Act of 2012 pursuant to an arrangement under section 2(3) of that Act with the applicant higher education provider as a linked provider within the meaning of that Act, or

• (c) made by the applicant higher education provider in accordance with the authority delegated to that provider by the Qualifications and Quality Assurance Authority of Ireland under section 53 of the Act of 2012,

shall, on the appointed day, become and be a programme of education and training provided by the technological university in respect of which the order under section 44F is made that leads to an award made by that technological university.

• (3) A technological university in respect of which an order under section 44F is made may, with the approval of the Minister, determine in respect of programmes of education and training referred to in subsection (2) to which paragraph (b) of that subsection applies that the relevant designated awarding body concerned may continue, after the appointed day, to make awards in respect of those programmes to students who are enrolled in those programmes immediately before that day.]

60. Arrangements relating to international education mark following order under Part 2

60. (1) Where, immediately before the day appointed by order under section 36, a dissolved body was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order under section 36 is made shall, on and after that day—

• (a) be so authorised,

• (b) comply with any condition imposed under section 61(8)(b) of the Act of 2012 to which the authorisation is subject, and

• (c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the dissolved body.

• (2) Where, immediately before the day appointed by order under section 43, both a dissolved body and a technological university were authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order is made shall, on and after that day—

• (a) comply with any condition, imposed under section 61(8)(b) of the Act of 2012, to which the authorisation of the dissolved body is subject,

• (b) continue to comply with any condition imposed under that section 61(8)(b) of that Act to which its authorisation is subject,

• (c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the dissolved body, and

• (d) continue to be liable to pay the annual charge in respect of its authorisation under that section 62 of that Act.

• (3) Where, immediately before the day appointed by order under section 43, a technological university was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012 but the applicant college was not so authorised, the authorisation of the technological university, F30[in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark].

• F31[(3A) Where, immediately before the day appointed by order under section 44F, both a higher education provider and a technological university were authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order is made shall, on and after that day—

• (a) comply with any condition, imposed under section 61(8)(b) of the Act of 2012, to which the authorisation of the higher education provider is subject,

• (b) continue to comply with any condition imposed under that section 61(8)(b) of that Act to which its authorisation is subject,

• (c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the higher education provider, and

• (d) continue to be liable to pay the annual charge in respect of its authorisation under that section 62 of that Act.

• (3B) Where, immediately before the day appointed by order under section 44F, a technological university was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012 but the applicant higher education provider was not so authorised, the authorisation of the technological university, in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark.

• (3C) A technological university referred to in subsection (3) or (3B) may, in accordance with each of those subsections, apply to the Qualifications and Quality Assurance Authority of Ireland for authorisation for its continued use of the international education mark under section 61 of the Act of 2012 and that section shall, with any necessary modifications, apply to such an application as it applies to an application for authorisation to use the international education mark.]

• (4)
• (a) For the purpose of subsection (1), the liability date applying to the technological university concerned shall be the same date as applied to the dissolved body and on the first such liability date the technological university shall pay any portion of the annual charge remaining unpaid by the dissolved body on the appointed day.

• (b) For the purpose of subsection (2), the liability date shall be the anniversary of the appointed day and on the first such liability date the technological university concerned shall pay any portion of the annual charge remaining unpaid by the dissolved body on the appointed day.

• F32[(c) For the purposes of subsection (3A), the liability date shall be the anniversary of the appointed day and on the first such liability date the technological university concerned shall pay any portion of the annual charge remaining unpaid by the higher education provider on the appointed day.]

61. Arrangements relating to quality assurance and access, transfer and progression procedures following order under Part 2

61. (1) On the day appointed by order under section 36—

• (a) any procedures of the dissolved body for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall continue in being as procedures for quality assurance, under that section 28 of that Act, of the technological university, in respect of which the order is made.

• (b) any procedures of the dissolved body for access, transfer and progression in relation to learners standing established under section 56 of the Act of 2012 immediately before that day shall continue in being under section 56 of that Act, as procedures of the technological university, in respect of which the orderis made.

• (2) On the day appointed by order under section 43—

• (a) any procedures for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall—

• (i) where they were established by the dissolved body, no longer apply, and

• (ii) where they were established by the technological university, in respect of which the order is made, continue to apply,

and

• (b) any procedures for access, transfer and progression in relation to learners standing established, immediately before that day, under section 56 of the Act of 2012 shall—

• (i) where they were established by the dissolved body, no longer apply, and

• (ii) where they were established by the technological university, in respect of which the order is made, continue to apply.

• F33[(3) On the day appointed by order under section 44F—

• (a) any procedures for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall—

• (i) where they were established by the applicant higher education provider, no longer apply, and

• (ii) where they were established by the technological university, in respect of which the order is made, continue to apply,

and

• (b) any procedures for access, transfer and progression in relation to learners standing established, immediately before that day, under section 56 of the Act of 2012 shall—

• (i) where they were established by the applicant higher education provider, no longer apply, and

• (ii) where they were established by the technological university, in respect of which the order is made, continue to apply.]

62. Arrangements for suspension or dismissal of staff following order under Part 2

62. (1) Where an order has been made under section 36 or 43, and a process that may result in the suspension or dismissal of a member of staff of the dissolved body has, before the appointed day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined under, as the case may be—

• (a) section 12A of the Dublin Institute of Technology Act 1992, or

• (b) section 11A of the Act of 1992,

the process shall, on or after that day, be continued by the dissolved body under those procedures or conditions, and the dissolved body may suspend or dismiss a member of staff, as if the order had not been made.

• (2) For the purposes of subsection (1), if procedures or conditions referred to in paragraph (a) or (b) of that subsection provide for the delegation of powers relating to dismissal or suspension to the president or Director of a dissolved body to which an order under section 36 or 43 refers, and a process for the suspension or dismissal of a member of staff of the dissolved body involving such delegated powers is commenced but not completed immediately before the appointed day, the process shall notwithstanding section 6, 55 or 56, on or after that day, be continued by the president or Director of the dissolved body who may suspend or dismiss a member of staff.

• F34[(3) Where an order has been made under section 44F, and a process that may result in the suspension or dismissal of a member of staff of the applicant higher education provider specified in the order has, before the appointed day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined by that applicant higher education provider, the process may, on or after that day, be continued by the technological university under procedures made or conditions determined by it, and the technological university may suspend or dismiss the member of staff in accordance with such procedures and conditions.]

63. Arrangements for academic council following order under Part 2

63. Any recommendation made, before the day appointed by order under section 36 or 43 under section 11(3)(d) or (j) of the Dublin Institute of Technology Act 1992 or section 10(3)(c) or (g) of the Act of 1992, by the academic council of the dissolved body shall on or after that day, be a recommendation, under section 17(3)(d) or (g), of the academic council of the technological university in respect of which the order under section 36 or 43 is made.

64. Arrangements for certain procedures where order under Part 2

64. (1) Where an order has been made under section 36 or 43 and any process for—

• (a) the selection, admission, retention or exclusion of students of,

• (b) the conduct of examinations or the evaluation of academic progress of students of, or

• (c) the awarding of scholarships, prizes or other awards to students of, or other persons by,

a dissolved body is commenced before the appointed day by the academic council or governing body of the dissolved body under any—

• (i) academic regulations made under, as the case may be, section 11(3)(f) of the Dublin Institute of Technology Act 1992 or section 10(3)(e) of the Act of 1992, or

• (ii) conditions determined or regulations or, as the case may be, rules made for the conduct of the affairs of the Institute under the Second Schedule to the Dublin Institute of Technology Act 1992 or of the college, within the meaning of the Act of 1992, under the Second Schedule to that Act,

but not completed immediately before that day, then the process concerned, including in relation to a matter referred to in subsection (2) shall, notwithstanding section 6, on or after that day, be continued by that academic council or governing body as if the order had not been made.

• (2) Where, immediately before the day appointed by order under section 36 or 43, a recommendation has been made under section 11(3)(e) of the Dublin Institute of Technology Act 1992 or section 10(3)(d) of the Act of 1992 by the academic council of the dissolved body but a final decision has not been made by the governing body of the dissolved body in relation to a student, that academic council and recommendation shall, continue in being until a final decision of that governing body is made in relation to the student.

PART 5 Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and Other Enactments

Chapter 1 Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994 and other enactments

65. Amendment of section 2 of Dublin Institute of Technology Act 1992

65. Section 2 of the Dublin Institute of Technology Act 1992 is amended—

• (a) by the insertion of the following definitions:

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

‘regulations of the Institute’ means rules made by the Governing Body under Paragraph 12 of the Second Schedule (amended by section 76 of the Technological Universities Act 2018);

‘student’ means a person registered as a student by the Institute or a full-time officer of the student union who was first elected or appointed to his or her office while he or she was registered as a student by the Institute;

‘student union’ means the student union or other student representative body recognised by the Institute;”,

and

• (b) by the substitution of the following definition for the definition of “Education and Training Board”:

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

66. Offences

66. The Dublin Institute of Technology Act 1992 is amended by the insertion of the following section after section 2:

“2A. (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 the Governing Body, summary proceedings may be brought and prosecuted by the Institute.”.

67. Amendment of section 3 of Dublin Institute of Technology Act 1992

67. Section 3 of the Dublin Institute of Technology Act 1992 is amended by the insertion of the following subsection after subsection (4):

• “(5) The Minister, following consultation with the Institute, may by order specify a name, other than the Dublin Institute of Technology, by which the Institute may describe itself for operational purposes.”.

68. Governing Body

68. The Dublin Institute of Technology Act 1992 is amended by the substitution of the following section for section 6: