TECHNOLOGICAL UNIVERSITIES ACT 2018

“6.(1) The Institute shall have a Governing Body established under this Act to perform the functions of the Institute under this Act.

• (2) The Second Schedule shall apply to the Governing Body.

• (3) The Governing Body, having not fewer than 12 and not more than 20 members, shall consist of—

  • (a) the President,

  • (b) a chairperson (in this section and the Second Schedule referred to as the ‘chairperson’), who shall be an external member, appointed by the Governing Body,

  • (c) at least one but not more than 3 members of the academic staff of the Institute, the number of whom shall be determined, and who shall be elected, by the academic staff of the Institute,

  • (d) one member of the non-academic staff of the Institute, elected by the non-academic staff of the Institute,

  • (e) at least one but not more than 2 undergraduate students of the Institute, the number of whom shall be determined, and who shall be nominated, by the student union in accordance with its own procedures,

  • (f) one post-graduate student of the Institute, nominated by the student union in accordance with its own procedures,

  • (g) at least 3 but not more than 8 external members, at least one of whom has expertise in standards and practice in higher education outside the State, nominated by a committee of the Governing Body comprising the chairperson and 2 other external members of the Governing Body formed for that purpose,

  • (h) 2 external members nominated by the Minister, and

  • (i) one external member nominated, in accordance with its own procedures, by the education and training boards in whose education and training board area the campuses of the Institute are located.

• (4)

  • (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 Institute 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.

• (5) Before appointing members under subsection (3)(g) the Governing Body shall agree with An tÚdarás the competencies required of such members relating to areas such as business, enterprise, industry, finance, law, corporate governance, human resources, community organisation or other areas relevant to the functions of the Institute.

• (6)

  • (a) The Governing Body shall, for the purposes of this section, make regulations of the Institute relating to conduct of elections, seeking of nominations for appointment and appointment of members to the Governing Body.

  • (b) In making regulations of the Institute under paragraph (a) the Governing Body shall have regard to the objective that at least 40 per cent of members of the Governing Body shall be women and at least 40 per cent shall be men.

• (7) In this section ‘external member’ in relation to the Institute means a person who is not—

  • (a) the President,

  • (b) a member of the Academic Council,

  • (c) a member of staff of the Institute, or

  • (d) a student of the Institute.”.

69. Amendment of section 7 of Dublin Institute of Technology Act 1992

69. Section 7 of the Dublin Institute of Technology Act 1992 is amended by the deletion of subsections (4) and (5).

70. Amendment of section 11 of Dublin Institute of Technology Act 1992

70. Section 11 of the Dublin Institute of Technology Act 1992 is amended by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) Subject to paragraphs (b), (c), (d) and (e) the Governing Body shall make regulations of the Institute which shall provide, in relation to the Academic Council, for—

    • (i) the number of members,

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

    • (iii) eligibility for reappointment of members, and

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

  • (b) Without prejudice to the generality of paragraph (a) —

    • (i) the majority of members of the Academic Council shall be members of the academic staff of the Institute, and

    • (ii) the regulations of the Institute under paragraph (a) shall provide for such number of students of the Institute, as it considers appropriate, to be members of the Academic Council.

  • (c) The President shall be—

    • (i) an ex officio member of the Academic Council, and

    • (ii) 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.

  • (d) Other than the President and members of the Academic Council who are also students of the Institute, members of the Academic Council shall hold office for a period of 3 years and shall be eligible for reappointment.”.

71. Amendment of section 12A of Dublin Institute of Technology Act 1992

71. Section 12A of the Dublin Institute of Technology Act 1992 is amended in subsection (1) by—

• (a) the substitution of the following paragraph for paragraph (b):

• “(b) The Minister shall give notice in writing informing the Governing Body of the policies of the Government or the Minister relating to recruitment and selection of staff (including the President) and the Institute, in recruiting or selecting staff, shall establish procedures that comply with those policies.”,

and

• (b) the deletion of paragraph (c).

72. Amendment of dismissal arrangements for certain staff of Dublin Institute of Technology

72. (1) The following are repealed:

• (a) section 13(3) and (4) of the Dublin Institute of Technology Act 1992, and

• (b) section 69(b) of the Education and Training Boards Act 2013.

• (2)
• (a) Where an inquiry is commenced under section 105 of the Vocational Education Act 1930 but, immediately before the coming into operation of subsection (1), is not determined then, notwithstanding that coming into operation, sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall continue to apply, in so far as they relate to that inquiry, as if subsection (1) had not come into operation.

• (b) Where an officer of the Institute stands to be removed under section 13(4) of the Dublin Institute of Technology Act 1992 immediately before the coming into operation of subsection (1), then notwithstanding that coming into operation, sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall continue to apply to that officer in so far as they relate to that removal.

• (c) Where, before the coming into operation of subsection (1), the Institute makes payments ex gratia to an officer in accordance with section 13(3)(b) of the Dublin Institute of Technology Act 1992, it shall, notwithstanding that coming into operation, and with the consent of the Minister, continue to make those payments and the provisions of subsection (3)(c) of that section shall continue to apply in respect of those payments.

73. Amendment of section 14 of Dublin Institute of Technology Act 1992

73. (1) Section 14 of the Dublin Institute of Technology Act 1992 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) An tÚdarás shall, on or before the first day of March in each year, notify the President of the funding (in this section referred to as ‘allocated funding’) to be provided by An tÚdarás for that year to the Institute, from moneys provided to An tÚdarás under section 12 of the Higher Education Authority Act 1971.”,

• (b) by the substitution of the following subsection for subsection (2):

• “(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 Governing Body, 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 Institute for that year.”,

• (c) by the insertion of the following subsection after subsection (2):

“(2A)The allocated funding and the expected income of the Institute referred to in subsection (2), shall be the budget of the Institute for that year.”,

• (d) in subsection (4), by the substitution of “on an application in that behalf being made to it by” for “on application made to it by”,

• (e) in subsection (5) by the deletion of “financial” in both places where it occurs,

• (f) in subsection (7) by the deletion of “financial”,

• (g) by the substitution of the following subsection for subsection (8):

• “(8) Subject to subsection (9), the Institute, or any company in which the Institute 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 a person or a body of persons.”,

• (h) by the substitution of the following subsection for subsection (9):

• “(9) An tÚdarás may, from time to time with the approval of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, make rules to be complied with by the Institute in relation to any borrowing, underwriting or guaranteeing under subsection (8), 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, underwriting or guaranteeing may be undertaken by the Institute,

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

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

  • (d) the requirement to obtain the prior approval of An tÚdarás before borrowing, underwriting or guaranteeing where paragraph (c) applies, and

  • (e) the provision by the Institute to An tÚdarás of information relating to any borrowing, underwriting or guaranteeing undertaken under subsection (8).”,

and

• (i) by the insertion of the following new subsection:

• “(10) Where An tÚdarás makes or amends rules under subsection (9) it shall—

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

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

• (2) The amendments of section 14 of the Dublin Institute of Technology Act 1992 effected by paragraphs (a) to (c) of subsection (1) shall apply in relation to the next year beginning after the coming into operation of that subsection.

74. Amendment of section 15 of Dublin Institute of Technology Act 1992

74. Section 15 of the Dublin Institute of Technology Act 1992 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) The Minister and An tÚdarás shall not require the supply of information under subsection (2) and An tÚdarás shall not require the supply of information under subsection (3), in respect of a matter specified by the Minister under section 21(1), during the period beginning on the appointment of the investigator under section 21 to investigate the matter and ending when the final report on the matter is furnished under section 21(9).”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) The Minister may provide information supplied to him under subsection (2) to an investigator for the time being appointed under section 21.”.

75. Investigator and report

75. The Dublin Institute of Technology Act 1992 is amended by the substitution of the following section for section 21:

“21.(1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an ‘investigator’) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by the Institute or the Governing Body of its functions.

• (2) The Minister shall by notice in writing inform the Governing Body of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated.

• (3) A notice under subsection (2) shall state that the Governing Body may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to the Governing Body.

• (4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1).

• (5) An investigator shall be entitled at all reasonable times to enter any premises occupied by the Institute and shall be afforded every facility and cooperation, including access to equipment and records as the investigator may require to perform his or her functions under this section, by the following:

  • (a) the President;

  • (b) a Director;

  • (c) a member of the Governing Body;

  • (d) an employee of the Institute;

  • (e) a contractor appointed by the Institute to perform any function on its behalf and an employee of that contractor;

  • (f) a consultant or advisor appointed by the Institute.

• (6) Each person referred to in paragraphs (a) to (f) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation.

• (7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the ‘draft report’).

• (8) The investigator shall furnish the draft report to the Minister, An tÚdarás and the Governing Body and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, the Governing Body and such other person, that they may make representations to the investigator concerning the draft report or, as the case may be, part of the draft report, not later than 28 days after it is furnished to them.

• (9) As soon as practicable after the expiration of the 28 days referred to in subsection (8) and, having considered any representations made pursuant to that subsection, the investigator may amend the draft report and shall furnish the final report on the investigation to the Minister and An tÚdarás.

• (10) In this section ‘records’ means any document, or any other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.”.

76. Amendment of Second Schedule to Dublin Institute of Technology Act 1992

76. (1) The Dublin Institute of Technology Act 1992 is amended by the substitution of the following for the Second Schedule:

“SECOND SCHEDULE

Section 6

The Governing Body

1. (1) The Governing Body shall retain in its possession a seal of the Institute.

2. (2) The seal of the Institute shall be authenticated by the signature of the chairperson or a member of the Governing Body authorised by the Governing Body to act in that behalf and by the signature of an officer of the Institute authorised to act in that behalf.

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

4. (1) A member of the Governing Body, other than the President shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration, allowances or expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

5. (2) There may be paid by the Governing Body to its members, other than the President, such allowances in respect of expenses (if any) as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.

6. (1) A member of the Governing Body, other than the President, may resign from office by giving notice in writing to the chairperson (or if the member concerned is the chairperson, to the President) of his or her resignation and the resignation shall take effect on the day when the chairperson, or as the case may be, the President receives the notice.

7. (2) Where the chairperson of the Governing Body resigns as chairperson he or she shall at the same time cease to be a member of the Governing Body.

8. (3) The Governing Body may at any time remove from office a member of the Governing Body if, in the opinion of the Governing Body—

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

   • (b) the member has committed stated misbehaviour, or

   • (c) the removal of the member appears to be necessary for the effective performance by the Governing Body of its functions.

9. (4) A member of the Governing Body shall cease to be qualified for office and shall cease to hold office if he or she—

   • (a) is adjudicated bankrupt,

   • (b) makes a composition or arrangement with creditors,

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

   • (d) is convicted of any indictable offence in relation to a company or any other body corporate,

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

   • (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

   • (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

   • (1) If a member of the Governing Body, other than the President, dies, resigns, ceases to be qualified to be or ceases for any reason, to be a member of the Governing Body, the Governing Body may appoint a person to fill the casual vacancy.

10. (2) A person appointed to be a member of the Governing Body pursuant to subparagraph (1) —

    • (a) shall be representative of the person, referred to at section 6(3)(b) to (i), who occasioned the casual vacancy,

    • (b) shall hold office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

    • (c) shall be eligible for reappointment as a member of the Governing Body on the expiry of that term of office.

    • (1) The Governing Body shall hold at least 6 meetings in every 12 month period and such and so many additional meetings as may be necessary, as determined by the chairperson, for the due fulfilment of its functions.

11. (2) The chairperson shall convene a meeting of the Governing Body when requested to do so by not less than the number of members that constitutes a quorum.

12. (3) The quorum for a meeting of the Governing Body shall be set by the Governing Body at its first meeting and may be amended from time to time in accordance with standing orders under paragraph 11.

13. (4) At a meeting of the Governing Body it shall appoint from amongst its members a member (other than the President) to be its deputy-chairperson and the deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of the Governing Body.

14. (5) At a meeting of the Governing Body—

    • (a) the chairperson shall, if present, be the chairperson of the meeting,

    • (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson, if present, shall be chairperson of the meeting, and

    • (c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the Governing Body who are present shall choose one of their number to be chairperson of the meeting.

15. (6) Every question at a meeting of the Governing Body shall be determined by a majority of the votes of the members of the Governing Body present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

16. (7) Subject to subparagraph (3), the Governing Body may act notwithstanding one or more vacancies among its members.

17. (8) The Governing Body may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”).

18. (9) A member of the Governing Body who participates in an electronic meeting is taken for all purposes to have been present at the meeting.

19. (1) The Governing Body may establish committees, consisting in whole or in part of persons who are members of the Governing Body or members of staff of the Institute, to assist and advise it in relation to the performance of any of its functions.

20. (2) In appointing members of a committee established under this paragraph, the Governing Body shall have regard to—

    • (a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

    • (b) the objective that at least 40 per cent of members of the committee shall be women and at least 40 per cent shall be men.

21. (3) The Governing Body may pay to members of a committee established under this paragraph such expenses incurred by them as the Governing Body may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.

22. (4) The Governing Body may remove a member of a committee established under this paragraph from the committee at any time.

23. (5) The acts of a committee shall be subject to confirmation by the Governing Body, unless the Governing Body otherwise determines.

24. (6) The Governing Body may determine the terms of reference and the procedure of a committee established under this paragraph.

25. (7) The Governing Body may appoint a person to be chairperson of a committee established under this paragraph.

26. (8) A committee shall provide the Governing Body with such information as the Governing Body may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Governing Body of its functions.

27. (9) The Governing Body may at any time dissolve a committee established under this paragraph.

28. (1) Where a member of the Governing Body is—

    • (a) nominated as a member of Seanad Éireann,

    • (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

    • (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

    he or she shall thereupon cease to be a member of the Governing Body.

29. (2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a representative in the European Parliament shall be disqualified, while he or she is so entitled or is such a representative, from being a member of the Governing Body or a member of a committee established under paragraph 6.

30. (1) Subparagraph (2) applies where, at a meeting of the Governing Body, any of the following matters arise, namely—

    • (a) an arrangement to which the Governing Body is a party,

    • (b) an arrangement to which the Governing Body proposes to become a party,

    • (c) a contract or other agreement with the Governing Body, or

    • (d) a proposed contract or other agreement with the Governing Body.

31. (2) A member of the Governing Body present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—

    • (a) disclose to the Governing Body at the meeting the fact of that interest and its nature,

    • (b) not influence (or seek to influence) a decision to be made in relation to the matter,

    • (c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

    • (d) take no part in any deliberation of the Governing Body relating to the matter, and

    • (e) not vote on a decision relating to the matter.

32. (3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Governing Body by whom the disclosure is made shall not be counted in the quorum for the meeting.

33. (4) Where, at a meeting of the Governing Body, a question arises as to whether or not a course of conduct, if pursued by a member of the Governing Body, would constitute a failure by him or her to comply with the requirements of subparagraph (2), the question may, subject to subparagraph (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

34. (5) Where, at a meeting of the Governing Body, the chairperson of the meeting is the member in respect of whom a question to which subparagraph (4) applies falls to be determined, the other members of the Governing Body attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

35. (9) Paragraph 8 shall apply to a member of a committee established under paragraph 6 where the member is not also a member of the Governing Body and for the purposes of that application—

    • (a) a reference to a member of the Governing Body shall be construed as reference to a member of the committee, and

    • (b) a reference to the Governing Body shall be construed as reference to the committee.

    • (1) A person shall not disclose confidential information obtained by him or her while performing functions as—

    • (a) a member of or an adviser or consultant to the Governing Body, or a member of the staff of such an adviser or consultant, or

    • (b) a member of a committee established under paragraph 6, unless he or she is authorised by the Governing Body to so do.

36. (2) A person who contravenes subparagraph (1) commits an offence.

37. (3) Nothing in this paragraph shall prevent the disclosure of information—

    • (a) in a report made to the Governing Body,

    • (b) by or on behalf of the Governing Body to the Minister,

    • (c) by a member of the Governing Body to the Minister, or

    • (d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.

38. (4) In this paragraph confidential information includes—

    • (a) information that is expressed by the Governing Body to be confidential either as regards particular information or as regards information of a particular class or description, and

    • (b) information relating to proposals of a commercial nature or tenders submitted to the Governing Body by contractors, consultants or any other person.

39. (11) Subject to this Act, the Governing Body shall regulate, by standing orders or otherwise, its procedure and business.

40. (12) Subject to this Act, the Governing Body may make, amend or revoke rules, (in this Act called ‘regulations of the Institute’) as it thinks fit for the conduct of the affairs of the Institute.”.

• (2) Any standing orders for the regulation of its procedure and business, or regulations for the conduct of the affairs of the Dublin Institute of Technology, made under the Second Schedule to the Dublin Institute of Technology Act 1992 and in being immediately before the coming into operation of the amendment of that Second Schedule under subsection (1), shall continue in being after that coming into operation and may be amended or revoked as if made under that Second Schedule as amended under subsection (1).

77. Amendment of Third Schedule to Dublin Institute of Technology Act 1992

77. The Third Schedule to the Dublin Institute of Technology Act 1992 is amended by—

• (a) the deletion of paragraphs 5 and 6, and

• (b) the substitution, in paragraph 7, of “for such period, not longer than 10 years from the date of his or her appointment as President, as the Governing Body with the consent of the Minister, determines” for “for a period of 10 years”.

78. Amendment of Dublin Institute of Technology (Amendment) Act 1994

78. Section 2 of the Dublin Institute of Technology (Amendment) Act 1994 is amended—

• (a) in subsection (1), by the substitution of “of an inspector” for “of a person appointed”,

• (b) by the insertion of the following subsection after subsection (1):

“(1A)Where the Minister proposes to make an order appointing a Commission under subsection (1) he or she shall, by notice in writing—

• (a) inform the Governing Body of the proposal to make such an order and of reasons for the proposal, and

• (b) invite the Governing Body to make representations in writing to the Minister concerning the proposal, not later than 14 days from the service of the notice.”,

and

• (c) by the insertion of the following subsection after subsection (1A) (inserted under paragraph (b)):

“(1B)The Minister, in deciding whether to make an order appointing a Commission under subsection (1), which shall not be made earlier than 14 days from the service of the notice under subsection (1A), shall take into consideration any representations made to him or her by the Governing Body.”.

79. Repeal of section 4 of Dublin Institute of Technology (Amendment) Act 1994

79. The Dublin Institute of Technology (Amendment) Act 1994 is amended by the repeal of section 4.

Chapter 2 Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and other enactments

80. Amendment of section 2 of Act of 1992

80. Section 2 of the Act of 1992 is amended—

• (a) 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;”,

and

• (b) F35[…]

81. Offences

81. The Act of 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 of a college, summary proceedings may be brought and prosecuted by the college.”.

82. Governing bodies

82. F36[…]

83. Transitional arrangements consequent upon section 82

83. F37[…]

84. Amendment of section 7 of Act of 1992

84. F38[…]

85. Amendment of section 10 of Act of 1992

85. Section 10 of the Act of 1992 is amended by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) Subject to paragraphs (b), (c), (d) and (e), the governing body shall make regulations of the college in relation to the academic council, for—

    • (i) the number of members,

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

    • (iii) eligibility for reappointment of members, and

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

  • (b) Without prejudice to the generality of paragraph (a) —

    • (i) the majority of members of the academic council shall be members of the academic staff of the college,

    • (ii) the regulations of the college under paragraph (a) shall provide for such number of students of the college, as it considers appropriate, to be members of the academic council.

  • (c) The Director shall be—

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

    • (ii) 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.

  • (d) Other than the Director and members of the academic council who are also students of the college, members of the academic council shall hold office for a period of 3 years and shall be eligible for reappointment.”.

86. Amendment of section 11A of Act of 1992

86. Section 11A of the Act of 1992 is amended in subsection (1) by—

• (a) the substitution of the following paragraph for paragraph (b):

• “(b) The Minister or, at the request of the Minister, An tÚdarás, shall give notice in writing informing the governing body of the policies of the Government or the Minister relating to recruitment and selection of staff (including the Director) and the college, in recruiting or selecting staff, shall establish procedures that comply with those policies.”,

and

• (b) the deletion of paragraph (c).

87. Amendment of dismissal arrangements for certain staff of colleges

87. (1) The following are repealed:

• (a) section 12(3) and (4) of the Act of 1992, and

• (b) section 69(a) of the Education and Training Boards Act 2013.

• (2)
• (a) Where an inquiry is commenced under section 105 of the Vocational Education Act 1930 but, immediately before the coming into operation of subsection (1) is not determined then, notwithstanding that coming into operation, sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 under subsection (1) shall continue to apply, in so far as they relate to that inquiry, as if subsection (1) had not come into operation.

• (b) Where an officer of a college stands to be removed under section 12(4) of the Act of 1992 immediately before the coming into operation of subsection (1), then notwithstanding that repeal, sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall continue to apply to that officer in so far as they relate to that removal.

• (c) Where, before the coming into operation of subsection (1), the college makes payments ex gratia to an officer in accordance with section 21(1) of the Act of 1992, it shall, notwithstanding that coming into operation, and with the consent of the Minister, continue to make those payments and the provisions of section 21(2) of the Act of 1992 shall continue to apply in respect of those payments.

88. Amendment of section 13 of Act of 1992

88. (1) Section 13 of the Act of 1992 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) An tÚdarás shall, on or before the first day of March in each year, notify the Director of the funding (in this section referred to as ‘allocated funding’) to be provided by An tÚdarás for that year to a college, from moneys provided to An tÚdarás under section 12 of the Higher Education Authority Act 1971.”,

• (b) by the substitution of the following subsection for subsection (2):

• “(2) The Director 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 governing body, 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 college for that year.”,

• (c) by the insertion of the following subsection after subsection (2):

“(2A)The allocated funding and the expected income of the college referred to in subsection (2), shall be the budget of the college for that year.”,

• (d) in subsection (4), by the substitution of “on an application in that behalf being made to it by” for “on application made to it by”,

• (e) in subsection (5), by the deletion of “financial” in both places where it occurs,

• (f) in subsection (7), by the deletion of “financial”,

• (g) by the substitution of the following subsection for subsection (8):

• “(8) Subject to subsection (9), a college or any company in which the college 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 a person or a body of persons.”,

• (h) by the substitution of the following subsection for subsection (9):

• “(9) An tÚdarás may, from time to time with the approval of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, make rules to be complied with by a college in relation to any borrowing, guaranteeing or underwriting under subsection (8), 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 college,

  • (b) the demonstration by a college 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 to obtain the prior approval of An tÚdarás before borrowing, guaranteeing or underwriting where paragraph (c) applies, and

  • (e) the provision by a college to An tÚdarás of information relating to any borrowing, guaranteeing or underwriting undertaken under subsection (8).”,

and

• (i) by the insertion of the following new subsection:

• “(10) Where An tÚdarás makes or amends rules under subsection (9) it shall—

  • (a) so notify, and furnish a copy of the rules or amendments to, the governing body of each college, and

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

• (2) The amendments of section 13 of the Act of 1992 effected by paragraphs (a) to (c) of subsection (1) shall apply in relation to the next year beginning after the coming into operation of that subsection.

89. Amendment of section 14 of Act of 1992

89. Section 14 of the Act of 1992 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) The Minister and An tÚdarás shall not require the supply of information under subsection (2) and An tÚdarás shall not require the supply of information under subsection (3), in respect of a matter specified by the Minister under section 20(1), during the period beginning on the appointment of the investigator under section 20 to investigate the matter and ending when the final report on the matter is furnished under section 21(9).”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) The Minister may provide information supplied to him under subsection (2) to an investigator for the time being appointed under section 20.”.

90. Investigator and report

90.The Act of 1992 is amended by the substitution of the following section for section 20:

“20. (1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an ‘investigator’) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by a college or its governing body of its functions.

• (2) The Minister shall by notice in writing inform the governing body of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated.

• (3) A notice under subsection (2) shall state that the governing body may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to the governing body.

• (4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1).

• (5) An investigator shall be entitled at all reasonable times to enter any premises occupied by a college and shall be afforded every facility and cooperation, including access to equipment and records as the investigator may require to perform his or her functions under this section, by the following:

  • (a) the Director;

  • (b) a member of the governing body;

  • (c) an employee of the college;

  • (d) a contractor appointed by the college to perform any function on its behalf and an employee of that contractor;

  • (e) a consultant or advisor appointed by the college.

• (6) Each person referred to in paragraphs (a) to (e) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation.

• (7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the ‘draft report’).

• (8) The investigator shall furnish the draft report to the Minister, An tÚdarás and the governing body and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, the governing body and such other person, that they may make representations to the investigator concerning the draft report or, as the case may be, part of the draft report, not later than 28 days after it is furnished to them.

• (9) As soon as practicable after the expiration of the 28 days referred to in subsection (8) and, having considered any representations made pursuant to that subsection, the investigator may amend the draft report and shall furnish the final report on the investigation to the Minister and An tÚdarás.

• (10) In this section ‘records’ means any document, or any other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.”.

91. Amendment of Second Schedule to Act of 1992

91. F39[…]

92. Amendment of Third Schedule to Act of 1992

92. The Third Schedule to the Act of 1992 is amended by the deletion of paragraphs 5 and 6.

93. Amendment of section 2 of Regional Technical Colleges (Amendment) Act 1994

93. Section 2 of the Regional Technical Colleges (Amendment) Act 1994 is amended—

• (a) in subsection (1), by the substitution of “of an inspector” for “of a person appointed”, and

• (b) by the insertion of the following subsection after subsection (1):

“(1A)Where the Minister proposes to make an order appointing a Commission under subsection (1) he or she shall, by notice in writing—

• (a) inform the governing body of the college concerned of the proposal to make such an order and of reasons for the proposal, and

• (b) invite the governing body to make representations in writing to the Minister concerning the proposal, not later than 14 days from the service of the notice.”,

and

• (c) by the insertion of the following subsection after subsection (1A) (inserted by paragraph (b)):

• “(1B) The Minister, in deciding whether to make an order appointing a Commission under subsection (1), which shall not be made earlier than 14 days from the service of the notice under subsection (1A), shall take into consideration any representations made to him or her by the governing body.”.

94. Repeal of section 4 of Regional Technical Colleges (Amendment) Act 1994

94. The Regional Technical Colleges (Amendment) Act 1994 is amended by the repeal of section 4.

PART 6 Amendment of Certain Enactments

95. Amendment of Higher Education Authority Act 1971

95. Section 1(1) of the Higher Education Authority Act 1971 is amended in the definition of “institution of higher education” by the insertion of the following paragraph after paragraph (b):

• “(ba) a technological university within the meaning of the Technological Universities Act 2018,”.

96. Amendment of Student Support Act 2011

96. The Student Support Act 2011 is amended—

• (a) in section 7(1), by the insertion of the following paragraph after paragraph (b):

• “(ba) a technological university within the meaning of the Technological Universities Act 2018,”,

and

• (b) in section 30(1), by the insertion of the following paragraph after paragraph (b):

• “(ba) a technological university within the meaning of the Technological Universities Act 2018,”.

97. Amendment of Qualifications and Quality Assurance (Education and Training) Act 2012

97. The Act of 2012 is amended—

• (a) in section 2—

• (i) in the definition of “designated awarding body”, by the insertion of “a technological university,” after “Act of 1997,”,

• (ii) in the definition of “relevant provider”, by the insertion of the following paragraph after paragraph (b):

• “(ba) a technological university”,

and

• (iii) by the insertion of the following definition:

“ ‘technological university’ has the meaning assigned to it by the Technological Universities Act 2018;”,

and

• (b) in section 65(5), by the insertion of the following paragraph after paragraph (b):

• “(ba) a technological university,”.

PART 7 Amendment of Certain Enactments to Provide for Investigation and Information

Chapter 1 Amendment of Act of 1940

98. Investigator and report

98. The Act of 1940 is amended by the insertion of the following section after section 29:

“29A. (1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an ‘investigator’) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by the Institute or as the case may be, a Constituent School of its functions.

• (2) The Minister shall by notice in writing inform the Council, or, if applicable, the Governing Board of a Constituent School of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated.

• (3) A notice under subsection (2) shall state that the Council or, if applicable, the Governing Board of a Constituent School may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to the governing body.

• (4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1).

• (5) An investigator shall be entitled at all reasonable times to enter any premises occupied by the Institute or, if required, a Constituent School and shall be afforded every facility and cooperation, including access to equipment and records as the investigator may require to perform his or her functions under this section, by the following:

  • (a) the Registrar;

  • (b) a member of the Council;

  • (c) a member of the Governing Board of a Constituent School;

  • (d) a Director of a Constituent School;

  • (e) an employee of the Institute or a Constituent School;

  • (f) a contractor appointed by the Institute or a Constituent School to perform any function on its behalf and an employee of that contractor;

  • (g) a consultant or advisor appointed by the Institute or a Constituent School.

• (6) Each person referred to in paragraphs (a) to (g) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation.

• (7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the ‘draft report’).

• (8) The investigator shall furnish the draft report to the Minister, An tÚdarás, the Institute and, if applicable a Constituent School and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, the Institute, a Constituent School (where applicable) and such other person, that they may make representations to the investigator concerning the draft report or, as the case may be, part of the draft report, not later than 28 days after it is furnished to them.

• (9) As soon as practicable after the expiration of the 28 days referred to in subsection (8) and, having considered any representations made pursuant to that subsection, the investigator may amend the draft report and shall furnish the final report on the investigation to the Minister and An tÚdarás.

• (10) In this section ‘records’ means any document, or any other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.”.

99. Information requested by Minister

99. The Act of 1940 is amended by the insertion of the following section after section 29A (inserted by section 98):

“29B. (1) The Institute or a Constituent School shall furnish to the Minister any information requested by the Minister concerning the performance by the Institute or a Constituent School of its functions.

• (2) The Minister shall not request information under subsection (1) in respect of a matter specified by the Minister under section 29A(1), during the period beginning on the appointment of the investigator under section 29A to investigate the matter and ending when the final report on the matter is furnished under section 29A(9).

• (3) The Minister may provide information furnished to him or her under subsection (1) to an investigator for the time being appointed under section 29A.”.

Chapter 2 Amendment of Act of 1971

100. Investigator and report

100. The Act of 1971 is amended by the insertion of the following section after section 15:

“15A. (1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an ‘investigator’) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by the College of its functions.

• (2) The Minister shall by notice in writing inform An Bord of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated.

• (3) A notice under subsection (2) shall state that An Bord may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to An Bord.

• (4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1).

• (5) An investigator shall be entitled at all reasonable times to enter any premises occupied by the College and shall be afforded every facility and cooperation, including access to equipment and records, as the investigator may require to perform his or her functions under this section, by the following:

  • (a) the Director;

  • (b) a member of An Bord;

  • (c) the Registrar;

  • (d) an employee of the College;

  • (e) a contractor appointed by the College to perform any function on its behalf and an employee of that contractor;

  • (f) a consultant or advisor appointed by the College.

• (6) Each person referred to in paragraphs (a) to (f) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation.

• (7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the ‘draft report’).

• (8) The investigator shall furnish the draft report to the Minister, An tÚdarás and An Bord and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, An Bord and such other person, that they may make representations to the investigator concerning the draft report or, as the case may be, part of the draft report, not later than 28 days after it is furnished to them.

• (9) As soon as practicable after the expiration of the 28 days referred to in subsection (8) and, having considered any representations made pursuant to that subsection, the investigator may amend the draft report and shall furnish the final report on the investigation to the Minister and An tÚdarás.

• (10) In this section ‘records’ means any document, or any other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.”.

101. Amendment of section 16 of Act of 1971

101. Section 16 of the Act of 1971 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(3) The Minister shall not require the supply of information under subsection (2) in respect of a matter specified by the Minister under section 15A(1), during the period beginning on the appointment of the investigator under section 15A to investigate the matter and ending when the final report on the matter is furnished under section 15A(9).”,

and

• (b) by the insertion of the following subsection after subsection (3) (inserted by paragraph (a)):

• “(4) The Minister may provide information supplied to him or her under subsection (2) to an investigator for the time being appointed under section 15A.”.

SCHEDULE 1 Governing Body of Technological University

Section 12

• (2) There may be paid by the governing body to its members, other than the president, F40[such remuneration (if any) and] such allowances in respect of expenses (if any) as the Minister with the approval of the Minister for Public Expenditure and Reform, may determine.

• (2) Where the chairperson of the governing body resigns as chairperson he or she shall at the same time cease to be a member of the governing body.

• (3) The governing body may at any time remove from office a member of the governing body, if, in the opinion of the governing body—

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

• (b) the member has committed stated misbehaviour, or

• (c) the removal of the member appears to be necessary for the effective performance by the governing body of its functions.

• (4) A member of the governing body shall cease to be qualified for office and shall cease to hold office if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

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

• (d) is convicted of any indictable offence in relation to a company or any other body corporate,

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

• (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

• (2) A person appointed to be a member of the governing body pursuant to subparagraph (1)—

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

• (b) is eligible for reappointment as a member of the governing body on the expiry of that term of office.

• (2) The chairperson shall convene a meeting of the governing body when requested to do so by not less than the number of members which constitute a quorum.

• (3) The quorum for a meeting of the governing body shall be set by the governing body at its first meeting and may be amended from time to time in accordance with standing orders under paragraph 11.

• (4) At a meeting of the governing body it shall appoint from amongst its members a member (other than the president) to be its deputy-chairperson and the deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of the governing body.

• (5) At a meeting of the governing body—

• (a) the chairperson shall, if present, be the chairperson of the meeting,

• (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson, if present, shall be chairperson of the meeting, or

• (c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the governing body who are present shall choose one of their number to be chairperson of the meeting.

• (6) Every question at a meeting of the governing body shall be determined by a majority of the votes of the members of the governing body present and voting on the question, and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.

• (7) Subject to subparagraph (3), the governing body may act notwithstanding one or more vacancies among its members.

• (8) The governing body may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”).

• (9) A member of the governing body who participates in an electronic meeting is taken for all purposes to have been present at the meeting.

• (2) In appointing members of a committee established under this paragraph, the governing body shall have regard to—

• (a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

• (b) the objective that at least 40 per cent of members of the committee shall be women and at least 40 per cent shall be men.

• (3) The governing body may pay to members of a committee established under this paragraph such expenses incurred by them as the governing body may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.

• (4) The governing body may remove a member of a committee established under this paragraph from the committee at any time.

• (5) The acts of a committee shall be subject to confirmation by the governing body, unless the governing body otherwise determines.

• (6) A committee established under this paragraph may regulate, by standing order or otherwise, its procedure and business.

• (7) The governing body may appoint a person to be chairperson of a committee established under this paragraph.

• (8) A committee shall provide the governing body with such information as the governing body may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the governing body of its functions.

• (9) The governing body may at any time dissolve a committee established under this paragraph.

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the governing body.

• (2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a representative in the European Parliament shall be disqualified, while he or she is so entitled or is such a representative, from being a member of the governing body or a member of a committee established under paragraph 6.

• (a) an arrangement to which the governing body is a party,

• (b) an arrangement to which the governing body proposes to become a party,

• (c) a contract or other agreement with the governing body, or

• (d) a proposed contract or other agreement with the governing body.

• (2) Any member of the governing body present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—

• (a) disclose to the governing body at the meeting the fact of that interest and its nature,

• (b) not influence (or seek to influence) a decision to be made in relation to the matter,

• (c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

• (d) take no part in any deliberation of the governing body relating to the matter, and

• (e) not vote on a decision relating to the matter.

• (3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the governing body by whom the disclosure is made shall not be counted in the quorum for the meeting.

• (4) Where at a meeting of the governing body a question arises as to whether or not a course of conduct, if pursued by a member of the governing body, would constitute a failure by him or her to comply with the requirements of subparagraph (2), the question may, subject to subparagraph (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

• (5) Where, at a meeting of the governing body, the chairperson of the meeting is the member in respect of whom a question to which subparagraph (4) applies falls to be determined, the other members of the governing body attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

• (a) a reference to a member of the governing body shall be construed as reference to a member of the committee,

• (b) a reference to the governing body shall be construed as reference to the committee.

• (a) a member of or an adviser or consultant to the governing body, or a member of the staff of such an adviser or consultant, or

• (b) a member of a committee established under paragraph 6, unless he or she is authorised by the governing body to so do.

• (2) A person who contravenes subparagraph (1) commits an offence.

• (3) Nothing in this paragraph shall prevent the disclosure of information—

• (a) in a report made to the governing body,

• (b) by or on behalf of the governing body to the Minister,

• (c) by a member of the governing body to the Minister, or

• (d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.

• (4) In this paragraph “confidential information” includes—

• (a) information that is expressed by the governing body to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to the governing body by contractors, consultants or any other person.

SCHEDULE 2 President of Technological University

Section 14

• (2) The president shall be accountable to the technological university for the performance of functions delegated by him or her in accordance with subparagraph (1).

• (3) The president, with the consent of the technological university in writing, may revoke a delegation made in accordance with this paragraph.

• (4) In this paragraph “functions” does not include a function delegated by the technological university to the president subject to a condition that the function shall not be delegated by the president to anyone else.